Petitioners in possession of land challenged the Deputy Commissioner's order reserving it for the Ashraya Scheme. They produced no document showing rights over the land and did not dispute that they never applied for regularization of their unauthorized occupation; the writ petition was dismissed.
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NC: 2024:KHC:50759 WP No. 19843 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 19843 OF 2019 (KLR-LG)
Between:
Digitally signed by H K HEMA Location: High Court of Karnataka
All are R/at Alur Duddanahalli Village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District - 562110.
(By Sri Subramanya H.V., Advocate)
And:
…Petitioners
Respondents No.5 to 50 are R/at Aluru Duddanahalli Village, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District - 562110.
(R5 to 51 impleaded vide order dated 22.07.2024)
…Respondents
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the order dated 23.07.2018 issued by the Deputy Commissioner, Bengaluru Rural District, Bengaluru, as per Annexure-F and etc.,
This Writ Petition, coming on for orders, this day, order was made therein as under:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
ORAL ORDER
The petitioners have filed the instant Writ Petition challenging the order passed by the jurisdictional Deputy Commissioner vide Annexure-F to the Writ Petition dated 23.07.2018, wherein the land has been reserved for Ashraya Scheme.
cultivation of the land and that they have no right over the property concerned.
come in the way of the authorities concerned from processing the request of the petitioners in accordance with law, if it is found that the petitioners have indeed made an application for regularization of their unauthorized occupation and cultivation as contended by them.
Sd/(M.I.ARUN) JUDGE
CKL/PGG List No.: 1 Sl No.: 76
1 issue framed by the court
Whether the Deputy Commissioner's order reserving the land for the Ashraya Scheme could be challenged by claimants in possession without title or application for regularization.
2 provisions across 1 enactments
Sri Munibyrappa
Sri K.Nanjappa
Sri K.Byregowda
The State of Karnataka (Department of Revenue)
The Assistant Commissioner, Doddaballapura Sub-Division / The Tahsildar, Devanahalli Taluk
Respondents No.5 to 50 (claimants/resident villagers) incl. Managing Director, Rajiv Gandhi Rural Housing Corporation Ltd.
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
