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1998 Supreme(Kar) 708

Karnataka High Court
H.GOPALA GOWDA - Appellant
Versus
STATE OF KARNATAKA - Respondent
Decided On : 11-11-98
W.P. : 25114 of 1997

Advocates:
C.G.Gopalaswamy, K.N.SUBHA READY, SUNDARAM, VIDYA

Headnote:Karnataka Land Revenue Act, 1964-Sections 71 and 72-Karnataka Land Revenue Rules, 1966-Rule 97(1)-Grant of gomal lands-Grant of such land made to landless labourers belonging to SC/ST and OBC Classes for purpose of cultivation-such grants can not be challenged on the ground that grants were not made under Karnataka Land Grant Rules, 1964.

CHIDANANDA ULLAL, J.

( 1 ) TWO-AGRICULTURISTS of channarayapatna village of devanahalli taluk, Bangalore rural district, had resorted to the instant writ petition as a public interest litigation. In filing the same, they prayed for issue of a writ, order or direction in the nature of certiorari or any other appropriate writ to quash the official memorandum No. Lnd/sr/ (l)/16/1976-77, dated 25-5-1979, passed by the respondent 5-tahsildar, devanahalli taluk, devanahalli, copy as-at Annexure-F to writ petition and also for issue of an order or direction in the nature of mandamus directing the respondents 1 to 5 to consider the legitimate grievance of the petitioners as enumerated in their representations, copies as at Annexures-b and c to writ petition and further to retain the status quo condition of the gomal land in sy. No. 163 or for grant of any other appropriate writ.

( 2 ) WE heard the learned counsel for the petitioners Sri Sundaram appearing along with Sri K. N. Subbareddy, the learned high court Government pleader Smt. V. Vidya appearing for the Respondent 1 State and the Authorities-respondents 2 to 5 and Sri C. G. Gopal swamy appearing for the respondents 6 to 10, 13 to 22 and 24 and 29. We have also perused the case records.

( 3 ) WE feel it proper to give a brief narration of the public grievance of the petitioners aired in the instant writ petition in the form of public interest litigation.

( 4 ) THAT, there existed reserved gomal lands to an extent of 66 acres and 13 guntas in sy. No. 181 and an extent of 77 acres, 33 guntas in sy. No. 183 in channarayapatna village in devanahalli taluk within the revenue jurisdiction (taluk) of respondent 5-the tahsildar, devanahalli taluk. That, according to the petitioners there were no other lands earmarked as 'gomal'. That the villagers suffered for want of sufficient land for grazing their cattle. That, the respondents 6 to 31 who held and possessed considerable properties had made applications to the respondent 5-tahsildar, seeking grant of gomal land in sy. No. 183 and that arbitrarily, the respondent 5-tahsildar had granted the lands to the respondents 6 to 31 by his order dated 25-5-1979, copy as at Annexure-F to the writ petition. The said order is under challenge before this court. It is the grievance of the petitioners that the respondent 5-tahsildar without considering the genuineness and the legitimate grievances of the villagers and in utter disregard of the land grant rules, governing the land, had granted the subject land to the respondents 6 to 31 and furthermore, the said order came to be passed by the tahsildar overlooking the resolution dated 19-12-1977 passed by the village panchayat, copy as at Annexure-B to writ petition. According to the petitioners, the subject land would have been used for the betterment of the community at large by earmarking the same for the purpose of construction of hospitals, nada kacheri, schools, playgrounds and other civic amenities. That channarayapatna is a hobli head quarters and also a mandal panchayat head quarters. Therefore, they prayed that the impugned Order, copy as at Annexure-F to writ petition be quashed.

( 5 ) THE contesting respondents 6 to 10, 13 to 22 and 24 and 29 represented by the learned counsel Sri C. G. Gopal swamy had chosen to file a detailed objection statement as against the writ petition. In filing the same, they denied all the contentions of the petitioners. According to them, the instant case in hand is a classic example of the 'haves' preventing the 'have-nots' from availing the social benefits programmed by the government in the matter of grant of agricultural lands to the landless or the land-poor. It is also submitted by them that the petitioners herein are the disgruntled residents of the village and they in fact had got filed earlier writ petitions in W. P. nos. 12471 to 12489 of 1979 to challenge the very same order of grant of land to the respondents 6 to 31 and having failed in their attemp
























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