IN THE HIGH COURT OF DHARWAD BENCH

DATED THIS THE 17 T H DAY OF NOVEMBER 2014

BEFORE

THE HON’BLE MR. JUSTICE S.N. SATYANARAYANA

W.P.NOS.111197/2014 & 111217-236/2014 (KLR-RES)

BETWEEN:

1. NAGAPPA POMMA NAIK AGE: 48 YEARS, OCC: BUSINESS, R/O. MAVALLI, MURUDESHWARA TQ: , DIST: UTTAR

2. MANJAPPA GOIDAPPA NAIK AGE: 47 YEARS, OCC: BUSINESS, R/O. MAVALLI, MURUDESHWARA TQ: BHATKAL, DIST: UTTAR KANNADA

3. THIMMAPPA SHANIYAR NAIK AGE: 45 YEARS, OCC: BUSINESS, R/O. MAVALLI, MURUDESHWARA TQ: BHATKAL, DIST: UTTAR KANNADA

4. LAXMAN SHANIYAR NAIK AGE: 55 YEARS, OCC: BUSINESS, R/O. MAVALLI, MURUDESHWARA TQ: BHATKAL, DIST: UTTAR KANNADA

5. NARAYANA KUPPA HARIKANT AGE: 45 YEARS, OCC: BUSINESS, R/O. MAVALLI, MURUDESHWARA TQ: BHATKAL, DIST: UTTAR KANNADA

6. GOVINDA NARAYANA NAIK AGE: 50 YEARS, OCC: BUSINESS, R/O. MAVALLI, MURUDESHWARA TQ: BHATKAL, DIST: UTTAR KANNADA 2

7. NAGAPPA GOIDAPPA NAIK AGE: 35 YEARS, OCC: BUSINESS, R/O. MAVALLI, MURUDESHWARA TQ: BHATKAL, DIST: UTTAR KANNADA

8. JATTAPPA SOMAYYA NAIK AGE: 36 YEARS, OCC: BUSINESS, R/O. MAVALLI, MURUDESHWARA TQ: BHATKAL, DIST: UTTAR KANNADA

9. SUKRA JATTA NAIK AGE: 55 YEARS, OCC: BUSINESS, R/O. MAVALLI, MURUDESHWARA TQ: BHATKAL, DIST: UTTAR KANNADA

10. GANAPATI JATTPPA NAIK AGE: 57 YEARS, OCC: BUSINESS, R/O. MAVALLI, MURUDESHWARA TQ: BHATKAL, DIST: UTTAR KANNADA

11. GANAPATI MANJAPPA NAIK AGE: 45 YEARS, OCC: BUSINESS, R/O. MAVALLI, MURUDESHWARA TQ: BHATKAL, DIST: UTTAR KANNADA

12. SHANKARA LAXMAN NAGARAKARA AGE: 55 YEARS, OCC: BUSINESS, R/O. MAVALLI, MURUDESHWARA TQ: BHATKAL, DIST: UTTAR KANNADA

13. SHANIYAR ERAPPA NAIK AGE: 65 YEARS, OCC: BUSINESS, R/O. MAVALLI, MURUDESHWARA TQ: BHATKAL, DIST: UTTAR KANNADA

14. KRISHNA JATTAPPA NAIK AGE: 44 YEARS, OCC: BUSINESS, R/O. MAVALLI, MURUDESHWARA TQ: BHATKAL, DIST: UTTAR KANNADA

15. KIRSHNA DAMODAR PRABHU AGE: 50 YEARS, OCC: BUSINESS, 3

R/O. MAVALLI, MURUDESHWARA TQ: BHATKAL, DIST: UTTAR KANNADA

16. SUBRAYA RAMA MAHALE AGE: 38 YEARS, OCC: BUSINESS, R/O. MAVALLI, MURUDESHWARA TQ: BHATKAL, DIST: UTTAR KANNADA

17. SHRIDHAR NAGAPPA BALEGAR AGE: 38 YEARS, OCC: BUSINESS, R/O. MAVALLI, MURUDESHWARA TQ: BHATKAL, DIST: UTTAR KANNADA

18. ANNAPPA BOLA HARIKANTH AGE: 60 YEARS, OCC: BUSINESS, R/O. MAVALLI, MURUDESHWARA TQ: BHATKAL, DIST: UTTAR KANNADA

19. NARENDRA CHINNUBAI MURDESHWAR AGE: 54 YEARS, OCC: BUSINESS, R/O. MAVALLI, MURUDESHWARA TQ: BHATKAL, DIST: UTTAR KANNADA

20. SURESH NAGAPPA BORI AGE: 54 YEARS, OCC: BUSINESS, R/O. MAVALLI, MURUDESHWARA TQ: BHATKAL, DIST: UTTAR KANNADA

21. THIMMAPPA GOIDAAPPA AGE: 42 YEARS, OCC: BUSINESS, R/O. MAVALLI, MURUDESHWARA TQ: BHATKAL, DIST: UTTAR KANNADA

... PETITIONERS (BY SRI A.S.PATIL AND D.V.PATTAR, ADVOCATES.)

AND:

1. THE STATE OF KARNATAKA REP. BY ITS PRL. SECRETARY, DEPARTMENT OF REVENUE, VIDHAN SOUDHA, BANGLORE 4

2. THE DEPUTY COMMISSIONER UTTAR KANNADA DISTRICT,

3. THE TAHASILDAR BHATKAL TALUK, DIST.

4. THE DEPUTY TAHASILDAR MAVALLI, T: BHATKAL DIST: UTTAR KANNADA

5. THE REVENUE INSPECTOR OFFICE OF DEPUTY TAHASILDAR, MAVALLI, TQ: BHATKAL DIST: UTTAR KANNADA

… RESPONDENTS (BY SMT.VEENA HEGDE, HCGP.)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF , PRAYING TO QUASH THE IMPUGNED ORDERS DATED 28.10.2014 & 07.11.2014 PASSED BY THE RESPONDENT NO.3 AGAINST THE PETITIONERS 1 TO 21 VIDE ANNEXURES K & K1 TO K21 AND TO DIRECT THE RESPONDENTS NO.2 & 3 TO REGULARIZE THE UNAUTHORIZED OCCUPATION OF THE PETITIONERS IN RESPECT OF DIFFERENT EXTENT OF LAND IN SY.NO.396/A/A TOTALLY MEASURING 1 ACRE 5 GUNTAS 3.75 ANNAS AND SY.NO.2 MEASURING 1 ACRE 29 GUNTAS SITUATED AT MAVALLI-I VILLAGE OF MAVALLI HOBLI, BHATKAL TALUK, OR IN THE ALTERNATIVE TO DIRECT THE RESPONDENTS 2 & 3 TO REHABILITATE THE PETITIONERS BY PROVIDING SUITABLE AND ALTERNATE LAND IN THEIR 5

FAVOUR FOR THE PURPOSE OF THEIR ACCOMMODATION AND CARRYING THE BUSINESS, ETC.,.

THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Learned counsel for the petitioners orally seek permission of this Court to correct the profession of each of the petitioners. He is permitted to do so.

2. The petitioners 1 to 21 herein have come up in these Writ Petitions impugning the notice bearing

No.BHOOMI.ETARE.VIVA-47, 50, 44, 51, 49, 43, 48,

59, 53, 55, 54, 56, 46, 57, 45, 66, 67, 68, 28, 38, 39,

65/14-15, all are dated 28.10.2014 and 7.11.2014 issued by the 3 rd respondent and seeking to quash the same and consequently to direct the respondents 2 and

3 to regularize the unauthorized occupation of petitioners in respect of different extent of land in

Sy.No.396/A/A totally measuring 1 acre 5 guntas 3.75 anas and Sy.No.2 measuring 1 acre 29 guntas of 6

Mavalli-I village of Mavalli Hobli, Bhatkal taluka and also for directions to the respondents 2 and 3 to rehabilitate the petitioners by providing suitable and alternate land in their favour and other appropriate writ or direction.

3. Admittedly the petitioners 1 to 21 are the persons in occupation of various plots of various dimensions in the aforesaid two survey numbers situated in Mavalli-I village, Mavalli Hobli, Bhatkal

Taluka. It is contended that they are in possession of the said plots even prior to 1995, relying upon the judgment rendered by a co-ordinate bench of this Court in W.P.No.35573/1996 disposed of by order dated

23.7.1998 with certain directions to the 4 th respondent in the said proceeding namely the Chairman and

Taluka Level Regularization of Unauthorized

Occupation Committee, Bhatkal, contending that even from 1995 they have been pursuing the matter with the authorities seeking regularization of their holding. 7

4. In this proceeding the learned Government

Pleader who has taken notice on behalf of respondents

1 to 5 would submit that the revenue authorities of

Uttar Kannada district have taken up the drive of removing the unauthorized occupants from Government

Lands, pursuant to the order issued by the Bench of the Hon’ble the Chief Justice in W.P.No.15500/2013.

Therefore this Court cannot consider any prayer either for regularization or for staying the notice impugned, since the said notices are issued pursuant to the direction issued by the Court of the Hon’ble the Chief

Justice in the aforesaid Writ Petition.

5. It is also stated by the learned Government

Pleader that earlier to directions being issued in

W.P.No.15500/2013, in fact a committee in force was considering regularization of unauthorized occupants in various taluka and district places throughout the

State but subsequently after the aforesaid order being passed by the Hon’ble the Chief Justice in directing the 8

District authorities, they have commenced the drive throughout the State in recovering the encroached land.

6. In that view of the matter, the question of staying the said notices do not arise. Accordingly these

Writ Petitions are dismissed as not maintainable.

7. While dismissing these Writ Petitions, liberty is reserved to the petitioners to seek allotment of alternate land for their resettlement and the said representation may be considered favourably, provided, the petitioners or any member of their family is already not holding any dwelling house within the limits of said

Taluka Panchayat or Municipal Council.

8. That in the said locality if excess land as provided under the Land Revenue Act is available, then their prayer for providing alternate accommodation may be favourably considered. While considering the same, it should also be kept in mind that any 9

accommodation that would be provided shall be for the purpose of dwelling house only and not for commercial establishments or it should not be in lieu of eviction made from any commercial shops.

SD/- JUDGE Mrk/-