Disposed

Neelappa Gowda. S v. the Principal Secretary

Karnataka HC28 Mar 2023WP/6869/2023

Case brief

AI extract

What is this about?

A writ petition filed by an Ex-Military Personnel seeking land grant under a 2021 circular. The court directed the Tahsildar to consider the petitioner's original 2004 application and subsequent representations within three months under the Karnataka Land Grant Rules, 1969.

What did the court decide?

Respondent No.4 (Tahsildar) directed to consider the petitioner's application dated 15.03.2004 and representations dated 13.02.2023 and 06.08.2022 and pass an appropriate order within three months.

Neelappa Gowda. S Vs the Principal Secretary — Land Acquisition | Karnataka HC (2023)

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WP No. 6869 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 6869 OF 2023 (KLR-LG)

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BETWEEN:

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NEELAPPA GOWDA S, AGED ABOUT 60 YEARS, S/O NARAYANA GOWDA S, R/AT SINGANI HOUSE, PUTTUR KASABA VILLAGE, PUTTURU TALUK, D.K.DISTRICT – 574 201.

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…PETITIONER

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(BY SRI. SHARATH P.H., ADVOCATE FOR SRI. SACHIN B S., ADVOCATE)

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AND:

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Digitally signed by SUCHITRA M J Location: High Court of Karnataka

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THE PRINCIPAL SECRETARY, TO THE GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT,

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M.S. BUILDING, BENGALURU - 560 001.

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THE DEPUTY COMMISSIONER, MANGALURU, D.K.DISTRICT - 575 008.

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THE ASSISTANT COMMISSIONER, PUTTUR SUB DIVISION, PUTTUR, D.K.DISTRICT – 575 201.

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THE TAHSILDAR, BELTHANGADY TALUK, D.K.DISTRICT – 574 214.

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…RESPONDENTS

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(BY SMT. K.SHOBHA, HCGP)

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WP No. 6869 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO GRANT LAND IN SY.NO.113/P1 MEASURING 3 ACRE 70 CENTS OF KANIYOOR VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT, STRICTLY BY ACTING UPON THE NOTIFICATION DATED 24.06.2021 AS PER ANNEXURE - A. ISSUED BY THE R-1.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned High Court Government Pleader accepts notice for respondent Nos.1 to 4.

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Though the matter is listed for preliminary hearing, with the consent of learned counsel for the parties, the same is taken up for final disposal.

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Heard Sri. Sharath.P.H., learned counsel for Sri. Sachin.B.S., learned counsel for the petitioner and Smt. K.Shobha, learned High Court Government Pleader for the respondents. Perused the writ petition papers.

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Learned counsel for the petitioner would submit

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that the petitioner is Ex-Military Personnel and refers to Annexure-A–Circular dated 24.06.2021 of State Government, wherein, it provides for grant of land to Ex-Military

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WP No. 6869 of 2023

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Personnel. Learned counsel would further submit that the petitioner submitted application at Annexure-D dated 15.03.2004 requesting for grant of land to an extent of 3 acres 70 cents in Sy.No.113/P1 of Kaniyoor Village, Belthangady Taluk. It is submitted that during the pendency of the said application, a portion of the land in Sy.No.113 was granted to one Sri. Matra Harijana and the same was challenged before the Assistant Commissioner in proceedings No. Jr¸ï Dgï.E.«.J¸ï.Dgï: 08/12-13 (Annexure-E). The

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Assistant Commissioner set aside the grant made in favour of Matra Harijana, which was challenged by the said grantee before the Deputy Commissioner. The Deputy Commissioner also rejected the appeal of the grantee i.e., one Matra Harijana and confirmed the order of the Assistant Commissioner. Learned counsel also submits that the land in Sy.No.113 measuring to an extent of 5.28 acres is reserved for allotment to Ex-Military Personnel. It is the grievance of the petitioner that the petitioner’s application for grant of land and subsequent representations submitted to consider the application and to grant land in Sy.No.113/P1 is pending

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WP No. 6869 of 2023

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consideration and no action is taken by the Tahsildar on the said application and representations. Learned counsel therefore prays for a direction to the respondent-Tahsildar to consider petitioner’s application as well as representations for grant of land.

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Learned High Court Government Pleader on the other hand would submit that the application of the petitioner would be considered in accordance with law within a time frame to be fixed by this Court.

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Annexure-B evidences that the petitioner is an Ex-Military Personnel. Annexure-A, Circular dated 24.06.2021 provides for grant of land to Ex-Military Personnel from the lands reserved for the said purpose under Section 7(1) of the Karnataka Land Grant Rules, 1969. Annexure-C indicates that the land to an extent of 5.28 acres in Sy.No.113/P1 of Kaniyoor Village, Belthangandy Taluk is reserved for allotment to Ex-Military Personnel. During the pendency of the petitioner’s application seeking grant of land, a portion of the land in Sy.No.113 was granted to one Matra Harijana, which was challenged before the Assistant

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WP No. 6869 of 2023

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Commissioner (Annexure-E). The Assistant Commissioner set aside the grant and the same was challenged before the Deputy Commissioner, who dismissed the appeal and confirmed the order of the Assistant Commissioner. Thereafter, the petitioner is said to have submitted representations at Annexures-P and O to consider the application for grant of land, which is pending consideration before respondent No.4-Tahsildar. Respondent No.4Tahsildar herein has legal obligation to consider the petitioner’s application dated 15.03.2004 (Annexure-D) and also representations submitted by the petitioner at Annexure-P dated 13.02.2023, Annexure-O dated 06.08.2022 under the Karnataka Land Grant Rules, 1969, which the Tahsildar has failed to consider. Hence, the following:

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ORDER

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i. Respondent No.4-Tahsildar is directed to consider the application at Annexure-D dated 15.03.2004 and also representations at Annexure-P dated 13.02.2023,

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WP No. 6869 of 2023

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Annexure-O dated 06.08.2022 and pass an appropriate order in accordance with law, within a period of three months from the

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date of receipt of a copy of this order.

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ii. With the above, the writ petition stands disposed of.

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Sd/JUDGE

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SMJ List No.: 1 Sl No.: 39

Neelappa Gowda. S v. the Principal Secretary

Case brief

What is this about?

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Neelappa Gowda. S v. the Principal Secretary

Case brief

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