Public rights over 'B Kharab' land cannot be extinguished automatically by land acquisition; the procedure under Section 68 of the Karnataka Land Revenue Act, 1964 must be followed.

JUDGMENT

1. The petitioner is before this Court seeking for the following reliefs:

a. Issue a writ of certiorari or any other order the order dtd.:22/6/2022 bearing No.Tha.Pan.Gu/Gra.Pan/Chellur A.P.M.C. Dariteravu/ Vi.Va/6/2022-23/452 issued by the 1st Respondent produced as Annexure-A;

b. Issue a writ of Mandamus or direction or any other writ, to the 1st respondent not to reinstate the ''kaludari'' (trial/path-way) which is passing through the acquired lands of the petitioner in Sy.No.60 and 61/2 situated in Chellur village and Hobli, Gubbi Taluk, as no public purpose would be served by it;

c. Issue any other writ, order or direction as this Hon'ble Court deems fit and proper under the facts and circumstances of this case, in the interest of justice and equity.

2. The petitioner-The Agricultural Produce Market Committee, Gubbi is constituted under the provision of the APMC Act certain lands in Chellur Village and Hobli, Gubbi Taluk in Sy.No.60, 62, 63/1, 63/2, 63/3 and 63/4 were acquired under the erstwhile Land Acquisition Act, 1894 for the purpose of establishing the sub-market yard at Chellur village in the year 1999 and award was passed in the year 2000. Subsequent thereto, the petitioner has put up a compound wall formed a layout for the sub-market allotted the plots to various persons who have also constructed buildings to conduct their businesses.

3. At this stage, the notice came to be received by the petitioner of Thashildar dtd. 5/2/2019 stating that the petitioner had compounded the entire property and closed a footpath/'kaludari' which was situated in Sy.No.60 and 62/1. The same was replied to by the petitioner by contending that the entire land has been acquired and allotted to the petitioner and as such entire property belonging to the petitioner, there cannot be a 'kaludari' situate therein after acquisition of the same. It is in that background that the petitioner is before this Court seeking for the aforesaid reliefs.

4. Sri.T.Swaroop., learned counsel for the petitioner would submit that;

4.1. once the entire land in a survey number has been acquired, the public rights situate in any 'B Kharab' part of such survey number would stand extinguished and conveyed in favour of the beneficiary of the acquisition which is the APMC in the present matter.

4.2. It is in that background that on the possession being handed over to it the APMC has planned the sub-market yard and implemented it.

4.3. If at all, the State had at the time of handover directed the petitioner to set apart the land covered under the footpath/'kaludari', the petitioner-APMC would have planned the layout in such a manner as not to impinge upon the 'kaludari'/footpath. The same not having been done and no particular document being made available to the petitioner imposing any restrictions or providing any knowledge of the existence of the 'kaludari', it cannot now be contended by the Thashildhar that there is a 'kaludari' situated in the property and claim that public have to access to the said 'kaludari'.

4.4. On that basis he submits that the petition is required to be allowed.

5. Sri.Naveen Chandrashekar., learned AGA upon instructions and by referring to the documents which have been produced along with memo dtd. 1/12/2023 submits that what has been acquired is only an extent of 10 acers 15 guntas, the land classified as 'B Kharab' was not acquired since it always belonged to the State. The State has not transferred the 'B Kharab' to APMC, the 'B Kharab' continues to be vested with the State for use of by the general public. The right of the general public in the said 'B Kharab' has not been extinguished in terms of Sec. 68 of the Karnataka Land Revenue Act and therefore all villagers in and around the place and/or members of public would be entitled to use the 'kaludari' which has not been extinguished. His submission is that the petitioner ought to have set apart this land and not made use of it for the purposes of market yard.

6. Sri.A.V.Ga