Mr Balakrishna Vs the Principal Secretary

MR BALAKRISHNA S/O MR R S RAMASWAMY, R/AT RAMASWAMY PALLI, KASABA HOBLI, BEGAPALLI TALUK, CHICKBALAPUR DISTRICT-561 209 REPRESENTING SRI SRINGERI SHARADAMBA & YOGANJANEYA CHARITABLE TRUST

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…PETITIONER

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(BY SRI. T RAJARAM, ADVOCATE)

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AND:

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Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA

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THE PRINCIPAL SECRETARY REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560 001

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THE DEPUTY COMMISSIONER CHICKBALAPUR TALUK, CHICKBALAPUR DISTRICT-562 101

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THE ASSISTANT COMMISSIONER CHICKBALAPUR TALUK, CHICKBALAPUR DISTRICT-562 101

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THE TAHSILDAR BEGAPALLI TALUK

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2 - NC: 2025:KHC:45676 WP No. 44561 of 2018

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HC-KAR

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CHICKBALAPUR DISTRICT-561 207

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THE SUPDT.OF POLICE CHICKBALAPUR DISTRICT-562 101.

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SMT. SAROJAMMA AGED ABOUT 45 YEARS W/O NAGARAJU RAMASWAMY PALLI VILLAGE KASABA(H), BAGEPALLI(T)-561 207.

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…RESPONDENTS

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(BY SRI. NEELAKANTAPPA K PUJAR, HCGP FOR R1-5, SRI. JAGADISHA B.K, ADVOCATE FOR R6)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE R- 2 TO 4 TO GRANT THE SAID PIECE OF LAND MEASURING 1 ACRE 30 GUNTAS IN SURVEY NO.132, SITUATED AT RAMASWAMY PALLI, BEGEPALLI TALUK, CHICKBALLAPUR DISTRICT IN FAVOUR OF THE PETITIONER'S TRUST.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL ORDER

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This writ petition has been filed by the petitioner seeking

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following reliefs:

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"(a) Issue mandamus in the form of direction to the respondent Nos.2 to 4 to grant the said piece of land measuring 1 acre 30 guntas in Sy.No.132, situated at Ramaswamy Palli, Bagepallu Taluk, Chickballapur District in favour of the petitioner's Trust.

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HC-KAR

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(b) Issue necessary direction to the Supdt. of Police (5th respondent) to initiate action not to construct buildings in Sy.No.132, Ramaswamy Palli, Bagepalli Taluk, Chickballapur District.

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(c) Issue any other order or direction as deemed fit in the facts and circumstances of the above case."

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The grievance of the petitioner is that the petitioner

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is the Trust, running the temples in Sy.No.132 measuring 3 acres 37 guntas since 53 years. The petitioner constructed Sri Sharadamba Temple, Yoganjaneya Temple, Vinayaka Temple and Shivaanjaneya Temple in 1 acre 30 guntas of land and ever since, the Trust is running the same. The Trust also involved in several social works and as such, the petitioner Trust approached the Tahsildar of Bagepalli to grant the said land in favour of temple Trust. However, the Tahsildar, after considering the application of the petitioner, conducted spot inspection and prepared the check list. As per the said check list, the petitioner complied all the requirements to grant land in its favour. Subsequently, the Tahsildar forwarded the proposal to the Assistant Commissioner, Chikkaballapur Sub-Division, Chikkaballapur. The Assistant Commissioner also

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HC-KAR

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considered the claim of the petitioner and along with necessary documents and the report of the Tahsildar, in-turn, forwarded the same to the Deputy Commissioner, Chikkaballapur District vide letter dated 08.01.2018. However, the Deputy Commissioner has not considered the reference forwarded by the Assistant Commissioner and not granted the land in favour of the petitioner Trust. Hence, the petitioner is before this Court.

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However, learned counsel for respondent No.6 submits that respondent No.6 also residing in the subject land by constructing a house.

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Learned AGA submits that after the report of the Assistant Commissioner, the Deputy Commissioner has placed the same before the Government to exercise power under Rule 27 of the Karnataka Land Grant Rules, 1969. The said proposal is pending before the Government. As such, the representation of the petitioner has to be considered by the Government in accordance with the provisions under Rule 27 of the Karnataka Land Grant Rules, 1969.

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HC-KAR

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Having heard the learned counsel for the parties and on perusal of the records made available before me, I am of the considered view, admittedly the land in Sy.No.132 is a Government land and the petitioner and respondent No.6 both are in unlawful occupation of the said land. Though the petitioner filed an application for regularization of said land, the same has to be considered as per regulations under Rule 27 of the Land Grant Rules, 1969.

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In the above circumstance, the Government shall consider the claim of the petitioner and respondent No.6 in accordance with law by considering the report submitted by the Assistant Commissioner and the Deputy Commission at the earliest.

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With these observations, the writ petition is disposed of .

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SD/(RAJESH RAI K) JUDGE

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HKV List No.: 1 Sl No.: 32

Mr Balakrishna v. the Principal Secretary

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Mr Balakrishna v. the Principal Secretary

Case brief

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