1. Government lands are public properties in our country and therefore any one can go and occupy it and assert right over it, though the occupation is unauthorized, irregular, illegal and against law as pointed out by Sri R. Omkumar, learned AGA. Nevertheless such illegal acts command a premium, as such persons are enabled by law in terms of the provisions of Section 94(A) of the Karnataka Land Revenue Act, 1964 and it has become the practice of the day, for violators of law to grab any open vacant government land and to assert rights over it!

2. The practice of granting government lands particularly, non-alienated land, which was prevalent during the British rule, for the purpose of bringing such lands within the purview of assessment and to generate revenue to the State, even at the cost of annihilation of pristine, virgin, unique forests and biospheres and has continued unabated even after independence.

3. What with the Karnataka Land Revenue Act, the present statutory provisions which regulates the grant of lands, having remained very static as had prevailed earlier, under which a collector/Deputy Commissioner / his subordinates/ sub-collector/ Asst. Commissioner or even a Tahsildar had the power to grant lands left and right and such actions were encouraged by Government as it was productive for the State, a foreign power who had colonized our country here, for sustaining themselves as perpetrators of their tyrannic rule though, the initial entry was to make profits out of trade with us, but later, annexed the State itself continued the object of making profits even by a rule rather misrule and governance of our country to their convenience and benefit.

4. Though we attained independence wayback in the year 1947 and also became a republic in the year 1950, not much change have taken place and we have not been truly liberated nor attained freedom!

5. The very independence is lost due to rule of roost and with lack of perception and imagination on the part of our drafters and law makers, laws made to sub-serve the needs and wants of a foreign government have continued and instead of a foreign power carrying on trade promoting rule over the citizens of our country, and though we style ourselves as a democratic republic, the feudalistic ways have continued unabated, the poor and the gullible continue to suffer; even victimized whereas the rich, the affluent and the powerful always escape the rigors of law, while the illegal, irregular acts committed by the rich and powerful does not visit them with any deterrent consequences. Yet another irony is, it is only such people who rule roost and are in pivotal positions in all walks of life.

6. Section 94A of the Karnataka Land Revenue Act, 1964, (KLR Act) is a tailor made provision to encourage, lawlessness and though it appears a committee has been set up after the matter had received scrutiny by the judiciary and as directed in KUMARI MADHURI PATIL v. ADDL COMMISSIONER [(1994) 6 SCC 241)] case, wherein the Supreme Court had issued some guidelines in the matter of issue of caste certificates to persons claiming benefit or reservation, to be examined by multi personale committee and on the same line is constituted regularisation committees for the regularisation of unauthorized occupation by the cultivators actually cultivating the lands etc., on the reality side, nothing much appears to have happened.

7. Writ petitioner claims that he is in unauthorized occupation and cultivation of 4 acres 19 guntas in Re-Survey No.46 of Shivapura Village, Hollalkere Taluk, Chitradurga District, the subject land though is part of 25 acres of land in survey number 46 reserved for the growth of trees from which tapping can be made for the production of today, the inebriated liquid, which is patronized by the socially depressed class and further that the petitioner had filed an application under the provisions of Section 94(A) of the KLR Act to the Tahsildar, Holalkere Taluk of Chitrad