Dismissed

S.M. Basava S/O Revansidda Sharma v. State of Karnataka

Karnataka HC2 Jul 2024WP/101164/2018

Case brief

AI extract

What is this about?

Residents of Mannur Sugur challenged a notification excluding their village from the new Kampli Circle via writ petition. The court dismissed the petition, citing administrative convenience, population considerations, and the delay in filing as grounds finding no merit in the claim.

What did the court decide?

The writ petition challenging the notification altering revenue circle limits was dismissed as it stood devoid of merits.

S.M. Basava S/O Revansidda Sharma Vs State of Karnataka — Land Acquisition | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC-D:8963 WP No. 101164 of 2018

¶2

IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2^ND DAY OF JULY, 2024 BEFORE

¶3

THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 101164 OF 2018 (GM-RES)

¶4

BETWEEN:

¶5

S.M. BASAVA S/O. REVANSIDDA SHARMA, AGE: 74 YEARS, OCC: PRESIDENT PACS, R/O: MANNUR SUGUR, TQ: SIRGUPPA, DIST: BALLARI.

¶6

H.G. CHANDRASHEKARGOUDA S/O. TANGANGOUDA, AGE: 42 YEARS, OCC: SECRETARY, KARNATAKA RAKSHANA VEDIKE, R/O: MANNUR SUGUR, TQ: SIRGUPPA, DIST: BALLARI.

¶7

…PETITIONERS

¶8

(BY SRI. V.M. SHEELVANT, ADVOCATE)

¶9

AND:

¶10

STATE OF KARNATAKA, PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU.

¶11

ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH

¶12

THE DIRECTOR, CELL FOR CREATION OF REVENUE VILLAGES, AND EX-OFFICIO DEPUTY SECRETARY TO GOVT., REVENUE DEPARTMENT, BENGALURU.

¶13

THE DEPUTY COMMISSIONER, BALLARI DISTRICT, BALLARI.

¶14

THE THASILDAR, HOSAPETE TALUK HOSAPETE, DIST: BALLARI.

¶15

THE THASILDAR, SIRGUPPA TALUK SIRGUPPA, DIST: BALLARI.

¶16

…RESPONDENTS

¶17

(BY SRI. V.S. KALASURMATH, HCGP)

¶18

2 - NC: 2024:KHC-D:8963 WP No. 101164 of 2018

¶19

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE NOTIFICATION DATED 22/1/2018 PASSED BY RESPONDENT NO.2 BEARING NO. RD 102 BHUDAPU 2017 RETAINING THE MANNUR-SUGAR GRAM PANCHAYAT WITH THE SIRGUPPA TALUK PRODUCED AT ANNEXURE-D AND ETC.

¶20

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

¶21

ORDER

¶22

Learned HCGP accepts notice for respondent Nos.1

¶23

to 5.

¶24

The captioned writ petition is filed by the residents of Mannur Sugur village feeling aggrieved by the notification dated 01.12.2017 wherein the authorities exercising power conferred under sub-section (4) of Section of 4 of the Karnataka Land Revenue Act, 1964 has altered the limits of Kampli Circle of Hosapete Taluk and Tekkalakote Circle of Siruguppa Taluk. Petitioners are aggrieved by exclusion of the Mannur Sugur village while forming a new Kampli Circle.

¶25

3 - NC: 2024:KHC-D:8963 WP No. 101164 of 2018

¶26

Heard the learned counsel for the petitioners, learned HCGP for the respondents and perused the material on record.

¶27

Petitioners’ grievance is that Mannur Sugur village having population of 8,000 was originally recommended to be included in Kampli Circle. However, respondent No.2 while issuing final notification vide Annexure-A has excluded Mannur Sugur village in the newly formed Kampli Circle. The petitioners who are residents of Mannur Sugur village claimed that new Kampli Circle is very nearer to the Mannur Sugur village and therefore, the impugned notification retaining the Mannur Sugur village with Tekkalakote Circle of Siruguppa Taluk has caused immense hardship and inconvenience to the residents of Mannur Sugur village.

¶28

I have given my anxious consideration to the grounds urged in the petition. This petition is filed in February, 2018 assailing the final notification dated 22.01.2018. The matter is pending for preliminary hearing

¶29

4 - NC: 2024:KHC-D:8963 WP No. 101164 of 2018

¶30

for almost six years. The modification of the revenue circle is often done taking into consideration the population, area, land revenue and demand for public in regard to administrative convenience. The competent authority has proposed to alter the limits of revenue circles wherever there is need for constituting a new Taluk and villages are

¶31

re-designated depending upon their population and proximity with the proposed new circles. New Kampli Taluka is constituted in 2018 and the authority has taken a call as to which villages have to be diverted to a newly constituted Kampli Circle and the village which deserve to be excluded. This policy decision which is taken in 2018 is implemented and villages are now attached to the respective revenue circles. After lapse of six years, any indulgence at the hands of this court would unnecessarily create further complications and this is not in the interest of the residents of Mannur Sugur village. The fact that only two persons have approached this court also gives an indication that majority of residents have accepted this alteration done by the competent authority, while forming

¶32

5 - NC: 2024:KHC-D:8963 WP No. 101164 of 2018

¶33

a new revenue circle. Therefore, this court is not inclined

¶34

to grant any indulgence, at this juncture.

¶35

The writ petition being devoid of merits stands

¶36

dismissed.

¶37

Sd/JUDGE

¶38

MBS Ct-mck List No.: 1 Sl No.: 2

S.M. Basava S/O Revansidda Sharma v. State of Karnataka

Case brief

What is this about?

What did the court decide?

S.M. Basava S/O Revansidda Sharma v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Raghavendra S/O. Ramachandra Vs Hubli-Dharwad Municipal

Sri.P.P.Hiremath Vs the Hubballi-Dharwad Municipal Corporaton

Chandramouli S/O. Jayadeviah Swamy Vs the Assistant Commissioner

Abubakkar.M.Beside Nice Bakery Vs the Human Resource Management

Dr. Chidanand Vs Honble Secretary Vivek Bhasme

Sri.Iliyas Abdul Gafoor Kewka Vs the State of Karnataka