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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9^TH DAY OF AUGUST, 2021

PRESENT

THE HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

AND

THE HON’BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

WRIT APPEAL NO. 135 OF 2021(KLR-RR/SUR)

BETWEEN:

SRI T NAGAPPA

S/O LATE THIRUKAPPA

AGE 66 YEARS,

R/AT ANAGODU VILLAGE,

KASABA HOBLI, DAVANAGERE TALUK

DAVANAGERE DISTRICT-570 001.

...APPELLANT

(BY SRI.R A DEVANANDA, ADVOCATE)

AND:

1. SRI ABDUL GAFOOR SAB

S/O SRI.RAZACK SAB

AGE 72 YEARS,

R/AT ANAGODU VILLAGE,

KASABA HOBLI, DAVANAGERE TALUK

DAVANAGERE DISTRICT-570 001.

2. SRI.H.M.MARALU SIDDAPPA

S/O SRI.NANJUNDAPPA

AGE 61 YEARS,

2

R/AT ANAGODU VILLAGE,

KASABA HOBLI, DAVANAGERE TALUK

DAVANAGERE DISTRICT-570 001.

3. THE ASSISTANT COMMISSIONER

DAVANAGERE SUB DIVISION,

DAVANAGERE-570 001.

4. THE DEPUTY COMMISSIONER

DAVANAGERE SUB DIVISION

DAVANAGERE-570 001.

…RESPONDENTS

(BY SRI.RAJASHEKAR.S, AGA FOR R3 AND R4)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH

COURT ACT PRAYING TO a)SET-ASIDE THE JUDGEMENT RENDERED

IN WP NO.29979/2012 (KLR-RR/SUR) DATED 04/11/2019, WHICH

IS PRODUCED AS ANNEXURE-A AND ALLOWED THE WRIT PETITION

IS ENTERITY FOR THE RELIEF CLAIMED THEREIN b)FOR COSTS

AND c)SUCH OTHER RELIEF OR RELIEFS.

THIS APPEAL HAVING BEEN HEARD AND RESERVED FOR

JUDGMENT ON 02.08.2021, COMING ON FOR PRONOUNCEMENT OF

JUDGMENT

THIS DAY,

SACHIN

SHANKAR

MAGADUM

J.,

DELIVERED THE FOLLOWING:

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JUDGMENT

The captioned appeal is filed by the appellant assailing

the correctness of the order dated 4.11.2019 passed in

W.P.29973/2012.

2.

The subject matter of the appeal is an agricultural

land bearing Survey No.123/3 situated at Anugodu Village.

The

appellant's

father

filed

an

application

seeking

regularisation of the land bearing Survey No.123/3 measuring

2 acres 30 guntas claiming that he was unauthorisedly

cultivating the same. The said application was initially allowed

by the Assistant Commissioner by order dated 21.9.1998

wherein it was observed that the land was a Government

Kharab land and it was wrongly classified as Government

Gunduthopu and as such the Tahsildar was directed to register

the name of the appellant's father as occupant in respect of

the said land. The said order was questioned by the President

of the Grama Panchayath in Appeal bearing No.R.A.97 of

2000-01 on the file of the Deputy Commissioner, Davanagere,

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who confirmed the order dated 21.9.1998 passed by the

Assistant Commissioner. The President of the Grama

Panchayath preferred a writ petition in W.P.No.8057/2002

which came to be dismissed by order dated 3.12.2003 with an

observation that the controversy in regard to the nature of the

land will be considered by the Committee constituted for

Regularization at the time of considering the application filed

by the appellant who is the son of the original applicant-

Thirukappa.

3.

Pursuant

to

the

said

order,

the

Committee

constituted for Regularization of unautorized cultivation,

confirmed occupancy rights in favour of the appellant's father

to an extent of 2 acres 30 guntas in Survey No.123/3. This

order was called in question before the Deputy Commissioner,

who set aside the order of the Committee with a direction to

the Tahsildar to take possession of the land. The order of the

Deputy Commissioner was again questioned before this Court

in W.P.13549/2005. The learned Single Judge remitted the

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matter back to the Deputy Commissioner for reconsideration

afresh. Pursuant to the said order of remand, the Deputy

Commissioner re-heard the matter and by order dated

11.6.2012 allowed the revision and set aside the order of the

Committee wherein it was observed that the land in question

is a 'B' Kharab land under Rule 21(2) of the Karnataka Land

Revenue Rules and as such the same could not have been

regularized either by the Assistant Commissioner or the

Committee constituted for Regularization of unaut