The Court disposed of a writ petition seeking land allotment for an exserviceman. Relying on an undertaking by the Respondents to grant two acres and including their plea to avoid personal costs and contempt proceedings.
Disposed of the Writ Petition and recorded the undertaking by Respondents to grant two acres of land within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 8467 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 8467 OF 2021 (KLR-LG)
BETWEEN:
SRI. JAYAPRAKASHA A., MAJOR, 37 YEARS OLD, S/O CHENNAPPA GOWDA, R/AT ATHADI HOUSE, PERABE POST AND VILLAGE, KADABA TALUK – 574 202.
…PETITIONER
(BY SRI.K.RAVISHANKAR, ADVOCATE)
AND:
Digitally signed by CHETAN B C Location: HIGH COURT OF KARNATAKA
WP No. 8467 of 2021
…RESPONDENTS
(BY SRI.R.SRINIVASA GOWDA, AGA FOR R1 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT ANNEXURE - A DATED 07.01.2021 ISSUED BY THE R4; DIRECT THE RESPONDENTS TO GRANT THE LAND IN SY.NO.215/P1 SITUATED AT ALANKAR VILLAGE, KADABA TALUK OR ANY OTHER LAND NEARBY THE AFORESAID VILLAGE, THEREBY ADHERING TO THE ENDORSEMENT ISSUED BY THE R3 DATED 28.01.2021 ANNEXURE-G.
THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The essential grievance of the Petitioner, an Exserviceman is as to non-allotment of some land from Exdefence personnel quota in terms of Rule 7 of the Karnataka Land Grant Rules, 1969. Learned counsel for the petitioner argues that the respondent authorities are very arbitrary in making allotment of lands to the Exservicemen and that would affect the morale of not only the claimants but also of those in active service, at the frontiers of the country.
WP No. 8467 of 2021
entered appearance through the learned AGA although denied the petition allegation, had made some efforts to see that the purpose of the subject rule is fructified. Whether there is true fructification is a matter that has to be looked into on the basis of statistical data. Be that as it may.
3. After hearing the parties, this Court vide order
dated 06.12.2022, had said as under:
“Learned counsel for the Petitioner vehemently argues that while computing the in terms of Rule 7 of Land Grant Rules, 1969, which provides for two Hectares of dry land or 01 Hectare of wet land, the land held by the soldier in question has to be taken into account. He also submits that his client is holding 50 Cents and that they are now proposing to only give 50 Cents; on which no agricultural activity can be carried out; he also points out that in several unauthorized occupancy cases, huge lands have been granted by regularizing the same.
Learned AGA submits that the authorities have now considered the claim of the Petitioner after obtaining the permission from the Forest Department as to what extent of land would be granted as spelt out in the Memo. Learned AGA submits that only 20 Cents have been granted to other soldiers as well and therefore, that being the norm petitioner cannot
WP No. 8467 of 2021
grieve against the same. This Court is not happy with this explanation since apparently, there is force in the submission of learned counsel for the Petitioner.
In view of the above, the Deputy Commissioner, Mangaluru Taluk, is directed to be personally present before the Court on 19.01.2022. However, if Petitioner’s claim for land to a reasonable extent is positively considered, his presence shall not be necessary.”
this day has placed on record respondent-Tahasildar's Letter dated 11.01.2023 addressed to office of the Advocate General which has the following text:
“ªÀiÁ£ÀågÉ,
«µÀAiÀÄ: dAiÀÄ¥ÀæPÁ±À gÀªÀgÀ ¦nµÀ£À ¸ÀASÉå: 8467/2021 ªÉÄÃgÉUÉ ªÀiÁf ¸ÉʤPÀ PÉÆÃmÁzÀr ¸ÀgÀPÁj d«ÄãÀ£ÀÄß ªÀÄAdÆgÁw PÉÆÃjzÀ §UÉÎ. G1ÉèÃR: vÀªÀÄä PÀZÉÃj ¥ÀvÀæ ¢£ÁAPÀ: 06-12-2022.
ªÉÄîÌAqÀ «µÀAiÀÄPÉÌ ¸ÀA§A¢ü¹zÀAvÉ ²æà dAiÀÄ¥ÀæPÁ±À, PÀqÀ§ vÁ®ÆPÀÄ gÀªÀgÀÄ D®APÁgÀÄ UÁæªÀÄzÀ ¸ÀªÉð £ÀA§æ 172 gÀ°è 2.00 JPÉæ ¸ÀgÀPÁj d«ÄãÀ£ÀÄß ªÀiÁf ¸ÉʤPÀ PÉÆÃmÁzÀrAiÀÄ°è ªÀÄAdÆgÁw PÉÆÃj WP Cfð ¸ÀASÉå 8467/2021 gÀ ªÉÄÃgÉUÉ WÀ£À GZÀÒ £ÁåAiÀiÁ®AiÀÄzÀ°è jl ¦nµÀ£À Cfð zÁR°¹jvÁÛgÉ. ¸À¢æ d«Ää£À°è PÁqÀÄ ªÀÄgÀUÀ¼ÀÄ EzÀÄÝ, CgÀtå E1ÁSɬÄAzÀ C©ü¥ÁæAiÀÄ ¥ÀqÉzÀÄ D®APÁgÀÄ UÁæªÀÄzÀ ¸À.£ÀA. 172 gÀ°è 2.00 JPÉæ d«ÄãÀ£ÀÄß ªÀÄAdÆgÀÄ ªÀiÁqÀ®Ä ªÀiÁ£Àå
WP No. 8467 of 2021
f1Áè¢üPÁjAiÀĪÀjUÉ ¥Àæ¸ÁÛªÀ£É ¸À°è¸À1ÁUÀĪÀÅzÀÄ JA§ CA±ÀªÀ£ÀÄß WÀ£À £ÁåAiÀiÁ®AiÀÄzÀ CªÀUÁºÀ£ÉUÉ vÀgÀ®Ä vÀªÀÄä£Àß PÉÆÃjzÉ.”
for the argument that its tenor is bureaucratic and intended to disown accountability, is true. The Letter is accompanied by copies of certain documents which if construed together give an assurance that, petitioner is being granted a land admeasuring 2 acres in Sy.No.172 of Alankara Village, Kadaba Taluk, Dakshina Kannada District. Learned AGA after explaining the formalities to be accomplished for effectuating the grant seeks a period of three months as an outer limit assuring that no further time would be sought for. This is appreciable.
In view of the above, the Writ Petition is disposed off placing on record the undertaking given by the Respondents as discussed above.
The respondents are put to warning that if the grant is not made as undertaken, the culpable officials run a
WP No. 8467 of 2021
huge risk of being hauled up for contempt of court in addition to suffering levy of heavy costs personally
payable.
Now, no costs.
Sd/JUDGE
DS List No.: 1 Sl No.: 25
3 issues framed by the court
Whether the Writ Petition for land allotment under the Ex-defence personnel quota should be disposed of based on the Respondents' administrative undertaking to grant two acres.
Whether the Respondents will be held in contempt if they fail to honor their undertaking to grant the land within the specified time limit.
How the appropriate land extent for the petitioner should be determined in light of existing norms and ongoing regularizations.
2 provisions across 2 enactments
Sri. Jayaprasa A.
State of Karnataka
The Deputy Commissioner, Dakshina Kannada District
The Assistant Commissioner, Puttur Sub Division
The Tahasildar, Puttur
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
