Karnataka High Court
GRAM PANCHAYAT, UGARGOL VILLAGE - Appellant
Versus
STATE OF KARNATAKA - Respondent
Decided On : 10-27-98
Writ Petition : 30637 of 1997
Gomal Land - Village Panchayat - Karnataka Land Revenue Act, 1964, Section 71; Karnataka Land Revenue Rules, 1966, Rule 97(4)
Fact of the Case:
The petitioner, a Village Panchayat, challenged the dereservation of gomal land for the purpose of an institution, claiming it would deprive villagers of grazing land essential for cattle.
Finding of the Court:
The court quashed the orders dereserving the gomal land, allowing the Deputy Commissioner to make a fresh decision in compliance with the law.
Issues: Correctness of dereservation orders affecting villagers' rights, alleged favoritism in reserving land for an institution.
Ratio Decidendi: The court found the dereserved land essential for villagers' cattle grazing and quashed the orders due to non-compliance with Rule 97(4) and the law.
Final Decision: The petition was allowed, and the orders were quashed, with the Deputy Commissioner permitted to make a fresh decision in compliance with the law. No costs were awarded.
( 1 ) THE petitioner, in this petition, is a Village Panchayat.
( 2 ) IN this petition, the petitioner has called in question the correctness of the orders dated 11th of July, 1997 and 6th of September, 1997, copies of which have been produced as Annexures-E and F issued by the first respondent-State and the third respondent-Deputy Commissioner respectively.
( 3 ) IT is the case of the petitioner that the petitioner-Panchayat consists of Ugargol, Harlapur and Yellammana Tanda villages. It is claimed that it is the duty of the Gram Panchayat to look after general welfare of the inhabitants of the village and also to promote breeding of cattle, poultry and other livestock and it is one of the functions of the panchayat to maintain grazing lands and to prevent its unauthorised alienation and use. As can be seen from the avermente made in the petition, there was a gomal land measuring 329 acres 25 guntas in Block no. 992; 654 acres 29 guntas in Block No. 993; 615 acres in Block No. 953; and 286 acres 22 guntas in Block No. 956, and in all measuring 1,940 acres 35 guntas, situated at Ugargol village. According to the petitioner, out of the said lands, land measuring about 52 acres were granted to certain landless persons; in an area of about 10 acres, a grave yard has been formed; and the Forest Department is in occupation of about 300 acres thus leaving only 1,578 acres 35 guntas of gomal land in ugargol Village.
( 4 ) IN this petition, as observed by me earlier, the petitioner has called in question the correctness of the orders Annexures-E and F, whereby respondents 1 and 3 have, in the purported exercise of the power conferred on them under Rule 97 (4) of the Karnataka Land Revenue Rules, 1966 (hereinafter, referred to as "the Rules"), dereserved the gomal land measuring 1,097 acres situated at Ugargol village and reserved the same for the purpose of the 5th respondent-Institution in exercise of the power conferred under Section 71 of the Karnataka Land Revenue Act, 1964 (hereinafter, referred to as "the Act" ). According to the petitioner, the impugned orders seriously affect the rights of the villagers; and if the impugned orders are given effect to, the villagers will be deprived of their right to graze their cattle on the gomal land, which is absolutely required by the villages. It is also asserted in the petition that the lands situated at Ugargol and Harlapur villages are all dry lands and the villagers had to depend upon the rain for cultivating their lands and that being the position, the villagers have taken up Dairy Farming and poultry Farming as their main profession and in that regard, they foster cattle and breed them. It is also stated in the petition that as per the 1990 Census, there were 7,723 cattle in Ugargol and Harlapur villages and 820 catties in Yellammana Tanda village; and since 1990, the cattle strength has increased considerably. According to the petitioner, the cattle of the village require more than an area of 3,000 acres as gomal land according to the norms fixed under Rule 97 of the Rules having regard to the cattle strength in the villages; and if the impugned orders are given effect to, the villagers will have hardly about 500 acres. The petitioners have also stated that the Village Panchayat has passed a resolution dated 8th August, 1997 requesting the respondents to withdraw the impugned orders. It is their further case that similar resolution has been passed by the Co-operative Society requesting the respondents to withdraw the impugned orders. It is also stated that since the Authorities have not withdrawn the impugned orders, there was wide-spread protest by the villagers and a 'bundh' was also observed by the villagers on 20th of October, 1997. It is also the case of the petitioner that the land in question has been dereserved from gomal and has been reserved for the purpose of the 5th respondent just to oblige Sri g. M. Mamoni, Deputy Speaker of Vidhana Sabha, as
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.