The court affirmed that unauthorized occupation regularization requires compliance with ownership limits, and remanded for inquiry into the applicant's land holdings.

ORDER :

(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)

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

“Issue a writ of certiorari setting aside the order dated 14/02/2011 passed by the Deputy Commissioner Bellary/Respondent No.2 in bearing Case No.KAM.APPEAL/81/2009-10 marked at Annexure-A and grant any other relief as deemed fit, in the interest of justice.”

2. The petitioner had applied for regularization of his unauthorized occupation in respect of land covered under Sy.No.135/A measuring 6.93 acres situated at Dammur village, taluka and district Ballari. On the spot inspection being conducted, the petitioner was assigned 4.90 acres of the said land and the assigned land came to be numbered as Sy.No.135A/2.

3. Respondent No.1 contending that the petitioner was not eligible for such grant since the petitioner, his mother and brothers owned nearly 40 acres and there is no need to regularize the same had approached the Assistant Commissioner, who dismissed the appeal filed by respondent No.1, which came to be challenged before the Deputy Commissioner, who allowed the said appeal and remanded the matter for inquiry by setting aside the grant made in favour of the petitioner. It is challenging the order of the Deputy Commissioner, the petitioner is before this Court.

4. Smt. Pallavi S.Pachchapure, learned counsel appearing for the petitioner would submit firstly that respondent No.1 has no locus to file an appeal challenging the grant in favour of the petitioner and secondly, by relying on the proviso to sub-Section 94(A) of the Karnataka Land Revenue Act (for short ‘the Act’), she submits that even if the petitioner were to own certain lands, there is no embargo on grant of lands by way of regularization since the petitioner would be entitled to 2 hectares as per the said proviso.

5. Smt.V.Vidya Iyer, learned counsel appearing for respondent No.1 would contend that there is a gross abuse of the process of law on the part of the petitioner, the petitioner and the petitioner’s family owning nearly 40 acres of Government land, undue advantage is sought to be taken by the petitioner to the detriment of the interest of other eligible persons. The petitioner cannot therefore be permitted to abuse the law and seek for regularization of land merely because the petitioner is in unauthorized occupation of the said land. On that ground, she submits that the order passed by the Deputy Commissioner to hold a detailed and proper enquiry being the one necessitated in the circumstances, need not be intervened with and the above petition be dismissed.

6. Heard Smt.Pallavi S.Pachchapure and Sri Srinand A.Pachchapure, learned counsel appearing for the petitioner, Sri M.M.Khannur, learned AGA appear for respondents No.2 to 4 and Smt.V.Vidya Iyer, learned counsel appearing for respondent No.1.

7. The contention of learned counsel appearing for the petitioner is that the petitioner was in unauthorized occupation of Sy.No.135A, as regards which regularization application was filed and 4.90 acres thereof had been assigned to the petitioner. It is not that the petitioner owned the land but, it is on account of unauthorized occupation, a regularization has been sought for by filing form No.53 under Rule 108 CC of the Karnataka Land Revenue Rules (for short ‘the Rules’). Thus, it is the requirement of the said Rules i.e., which is required to be complied with by the petitioner to be entitled for regularization of the land, who is admitted to be in unauthorized occupation.

8. Rule 108 CC of the Rules is reproduced herein as under for easy reference;

108CC. Procedure under Section 94-B. :-

(1) For the purpose of Section 94 to the Tahsildar of the concerned Taluk shall on receipt of an application or by issuing a public notice in Form No. 53 and by sending individual notice to the occupants in Form No. 54 identify the unauthorised occupants. (2) He shall thereafter prepare a list of persons eligible for grant in accordance with the provisions of