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2025 Supreme(Online)(KAR) 7031
HIGH COURT OF KARNATAKA
MR. JUSTICE SURAJ GOVINDARAJ, J
RAJARAM RAMAPPA BHAJANTRI EX SERVICEMAN (DEFENCE SRVICES) S/O RAMAPPA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 106531 of 2023
The state is obligated to promptly consider applications for land grants from ex-servicemen as per statutory requirements and previous judicial directions.
Headnote:(A) Karnataka Land Revenue Act, 1964 - Section 71 - Writ of Mandamus - Ex-serviceman's application for land grant - Petitioner sought government land, alleging inaction by the state on his application and representations - Court emphasized the need for timely consideration of applications by ex-servicemen as per statutory obligations. (Paras 3, 4)
(B) Judicial Directions - Previous judgment mandated timely processing of land applications for ex-servicemen - Court reiterated the necessity for compliance with prior orders and the dignity owed to ex-servicemen. (Paras 4, 5)
Facts of the case:
The petitioner, an ex-serviceman, applied for 5 hectares of government land, which was not acted upon by the state despite multiple representations.
Findings of Court:
The court directed the state to consider the petitioner's application and representations within 60 days, emphasizing the statutory duty to act on such applications.
Issues: The main issues were the failure of the state to act on the petitioner's application and the need for compliance with previous judicial directions regarding land grants to ex-servicemen.
Ratio Decidendi: The court ruled that the state must honor its commitments to ex-servicemen and act promptly on their applications, as mandated by law and previous judgments.
Result: Petition allowed.
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The petitioner is before this Court seeking for the following reliefs:
a) To issue a Writ or Order or Direction in the nature of Writ of Mandamus directing the respondent Nos.1 and 4 to grant the available government land to the extent of 05 hectares to the petitioner in revenue sy.no.74/2 or in revenue survey no.191/2 which is a Government land situated in Nasalapur village of raibag taluka and savadatti village of Raibag Taluk, Belagavi District respectively, by considering the application in Form No.1A and representation dated 25/02/2023 and 27/02/2023, as per Annexure-D, E and E1 respectively.
b) Grant such other reliefs as deemed fit by this Hon’ble court in the circumstances of the case, in the interest of justice and equity.
2. The grievance of the petitioner is that the application submitted by the petitioner in Form No.1A and the subsequent representations submitted by the petitioner on 25.02.2023 and 27.02.2023 at Annexures-D, E and E1 respectively have not been considered by the respondents.
3. Whenever any application has been submitted by an Ex-serviceman for grant of land, the same is required to be considered and necessary orders to be passed at the earliest in terms of Section 71 of the Karnataka Land Revenue Act , 1964 the State having held out that an Ex-serviceman would be granted land upon completion of the service. It is required for the State to honour its commitment and treat the Ex-servicemen with a dignity that it deserves and not make the settings servicemen run around from pillar to post to obtain a grant which has been promised by the State.
4. In the present case, Form No.1A has been filed on 25.02.2023 ought to have been acted upon immediately, but the same has not been done. Representations have been submitted by the petitioner, which also has not been acted upon. The inaction on part of the respondent-State is also contrary to the Judgement of a coordinate bench of this Court dated 25.04.2014 in Writ Petition No.26700/2013 . On enquiry as to whether the directions issued in the said matter at para 51 have been followed, the learned AGA is unable to make his submissions due to lack of instructions. The directions issued at para 51 of the said judgement are as under :
“DIRECTIONS
1. The Deputy Commissioners of all the districts shall direct survey of lands by the officers concerned as envisaged in Rules 3 and 4 of the Land Grant Rules, 1969 and then identify lands in each village within their territorial jurisdiction for the purpose of grant to the ex-servicemen and soldiers and notify it as envisaged under, Section 71 of the Karnataka Land Revenue Act , 1964, within a period of six months from the date of receipt of a copy of this order.
2. Copy of such notification shall be forwarded to the Director, Sainik Welfare and Resettlement Board, who, shall publish it in its office and such other places as is accessible to the service personnel.
3. If in any such district agricultural land is not available, then the Deputy Commissioner shall identify revenue land for the purpose of grant in lieu of agricultural land.
4. The Deputy Commissioners shall maintain a register incorporating therein the details of applications submitted by ex-servicemen and soldiers for such grant.
5. Ex-servicemen and soldiers; the legal heirs of war casualties and such other persons who come in this category may apply for grant of land directly to the Deputy Commissioners of the concerned district with a copy of it marked to the Director, Sainik Welfare and Resettlement Board, Karnataka. The Director, Sainik Welfare and Resettlement Board shall be the nodal agency who, shall, after receipt of the copy of such application, register in his office and maintain record of it. It shall pursue the application with concerned authorities following the instructions issued by the Government vide Circular No.RD 33 LGP 83 of June 1983.
6. It shall be the duty of the Sainik Welfare and
