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Remote Desktop Redirected Printer W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8 TH DAY OF DECEMBER, 2020 BEFORE THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.6278 OF 2018 (KLR-RES) C/W WRIT PETITION NO.9115 OF 2018 (EDN-RES) IN W.P.No.6278 of 2018 BETWEEN: KEERTHI KUMAR, S/O ESHWARAPPA, AGED ABOUT 54 YEARS, R/O HITTINAGIRANI DODDAMANE, HOSAJOGA VILLAGE, HONNALLI TALUK, DAVANAGERE DISTRICT – 577 217. ... PETITIONER (BY SRI.RAJA SUBRAMANYA BHAT, ADVOCATE FOR SRI. G.LAKSHMEESH RAO, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY TO THE DEPT., OF EDUCATION, VEEDHANA VEEDHI, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT, DAVANAGERE – 577 001. W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 2 3. THE TAHASILDAR, HONNALI TALUK, HONNALLI – 577 217. DAVANAGERE DISTRICT. 4. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, HONNALI TALUK, HONNALLI – 577 217. DAVANAGERE DISTRICT. 5. SANTHA SEVALAL DEVELOPMENT & MANAGEMENT BOARD, SURYANAKUNDANAKUPPA, CHINNIKATTE POST, HONNALI TALUK – 577 217. DAVANAGERE DISTRICT. 6. THE PRINCIPAL, MUNICIPAL HIGH SCHOOL, NYAMATHI, NYAMATHI – 577 223, HONNALI TALUK, DAVANAGERE DISTRICT. ... RESPONDENTS (BY SRI. Y.D.HARSHA, AGA FOR R1 TO R4. SRI. SRIDHAR PRABHU, ADVOCATE FOR R-5. SRI M.V.MAHESHWARAPPA, ADVOCATE FOR R-6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO CONSIDER THE REPRESENTATION AS PER ANNEXURE-A AND RETURN THE SCHEDULE LANDS IN FAVOUR OF THE PETITIONER AND HIS FAMILY MEMBER AS PER THE GOVERNMENT ORDER DATED 09.11.2006 VIDE ANNEXURE-B AND ETC. ***** W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 3 IN W.P.No.9115 of 2018 BETWEEN: 1. THE PRESIDENT, SCHOOL DEVELOPMENT MANAGING COMMITTEE, (SDM), GOVT. PRE-UNIVERSITY COLLEGE, NYAMATHI, HONNALI TALUK, DAVANAGERE DISTRICT. REP. BY ITS PRESIDENT, SRI. N.VIJENDRA. 2. THE VICE-PRESIDENT/SECRETARY, SCHOOL DEVELOPMENT MANAGING COMMITTEE, (SDM), GOVT. PRE-UNIVERSITY COLLEGE, NYAMATHI, HONNALI TALUK, DAVANAGERE DISTRICT. REP. BY ITS VICE-PRESIDENT, SRI. SAHADEVAPPA REDDY. ... PETITIONERS (BY SRI.M.V.MAHESHWARAPPA, ADVOCATE) AND: 1. THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANANA SOUDHA, BENGALURU – 560 001. 2. THE PRL. REVENUE SECRETARY, DEPARTMENT OF REVENUE, GOVT. OF KARNATAKA, VIDHANA SOUDHA, BENGALURU – 560 001. 3. THE PRINCIPAL SECRETARY, PRIMARY & HIGHER EDUCATION, DEPARTMENT OF EDUCATION, MULTISTORIED BUILDING, BENGALURU – 560 001. W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 4 4. THE COMMISSIONER FOR PUBLIC INSTRUCTION, DEPARTMENT OF PUBLIC EDUCATION, NRUTATHUNGA ROAD, BENGALURU – 560 001. 5. THE SECRETARY, DEPARTMENT OF SOCIAL WELFARE, GOVERNMENT OF KARNATAKA, MULTISTORIED BUILDING, BENGALURU – 560 001. 6. THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT, DAVANAGERE – 576 201. 7. THE MEMBER SECRETARY, SANTHA SEVA LAL, KSHETRA DEVELOPMENT & MANAGEMENT COMMITTEE (REG.) VIDHANA SOUDHA, BENGALURU – 560 001. … RESPONDENTS (BY SRI. Y.D.HARSHA, AGA FOR R1 TO R6. SRI. SRIDHAR PRABHU, ADVOCATE FOR R-7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE EDUCATION AND OPERATION OF THE IMPUGNED ORDER BEARING NO. ED. 591 SES 2107, BENGALURU, DATED 01.02.2018 ISSUED BY THE R-3 PRODUCED AS ANNEXURE-E AND ETC. ***** THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP AND HAVING BEEN RESERVED FOR ORDERS ON 23.11.2020, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING: : W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 5 ORDER WP NO.6278/2018 1. The petitioner has filed this petition seeking for a writ of mandamus directing Respondent No.2 to consider the representation (Annexure–A) of the petitioner and return the schedule lands in favour of the petitioner and his family members as per the Government Order dated 09.11.2006 vide Annexure–B; and has also sought a writ in the nature of prohibition to the respondent Nos. 1 to 4 by prohibiting them from transferring the schedule lands to the 5 th respondent- Santha Sevalal Development and Management Board (for short, SSDM Board). 2. The petitioner, 2.1. claims to be the son of late J.R. Eshwarappa, who was the absolute owner of the schedule W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 6 land measuring 15 acres 11 guntas in Sy.Nos.219 & 220 Chinnikatte Village, Belagutti Hobli, Nyamathi Village, Honnali Taluk, Davangere District. 2.2. The said Eshwarappa, in order to contribute to the educational needs of Nyamathi Village, gifted the schedule lands for the benefit of Municipal High School, Nyamathi, in the year 1950 to the Mysore State under the Bhoodan and Vidyadan for Educational Institutions Scheme. Accordingly, the revenue entries were effected in the name of Municipal High School, Nyamathi. 2.3. The petitioner contends that the said land was not used by the Municipal High School, Nyamathi and physical possession is continued with the petitioner and members of their family. He contends that the said W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 7 land is a dry land with only few eucalyptus plants planted by the petitioner and since the land was not utilized for the purposes for which it was gifted, relying on the Government Order No. RD (Spl.) 121 PCT 79 dated 21.03.1980, had applied for returning the gifted lands. 2.4. It is contended that as per the said Government Order if a land which gifted under Bhoodan and Vidyadan for Educational Institutions Scheme is not used for the purposes for which it was given, then a application for the return of the gifted lands to the land owners can be made if the land owners were inclined to take back the gifted land/s from the Government by obtaining appropriate orders from the Deputy Commissioner, subject to the condition that W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 8 the landowners undertake to give two quintals of rice annually to the concerned Educational Institution for the purpose for which the lands were granted. 2.5. The petitioner was not aware of the said Government Order and he came to know about the same during the first week of January 2008. After making enquiries, he collected the Government Order, made a representation to the Deputy Commissioner seeking return of the gifted land. The grievance of the petitioner is that the said representation was not considered by the authority and contrary to the representation, the authorities have sought to transfer the land to Respondent No.5-SSDM Board, without considering the representation of the petitioner. W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 9 3. Respondent No.5-SSDM Board in WP 6278/2018 has filed objections, contending that, 3.1. The petition is not maintainable; 3.2. The land which had earlier been donated for Education Scheme, is now proposed to be used for SSDM Board, which is an organization established by the Government by creation of a Trust in the name of Santh Sevalal, a social reformer and religious leader of nomadic, semi- nomadic tribes who hailed from in and around Nyamathi. 3.3. The 5 th respondent-Trust has been created in pursuance of the Government Order and its administration is headed by the Hon’ble Chief Minister of Karnataka and apart from Hon’ble Chief Minister, the Administrative W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 10 Body consists of Secretaries of various Departments as also the Government officials, who will manage the Trust to accomplish its objects. 3.4. It is stated that the claim of the petitioner that, ‘the land has not been utilized for the school’ is entirely false, the land has been used for the School as also for various other activities by the Government. 3.5. Apart there from it is stated that, the alleged Government Order dated 21.03.1980 is false and fabricated and the Government has subsequently issued a notification dated 12.07.2007 placing the said facts and bringing it to the notice of the general public and warning the general public not to act on the said Government Order, which is a fabricated one. W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 11 3.6. In view of the same, it is submitted that, on the basis of the fake Government Order dated 21.03.1989, the petitioner cannot claim any consideration by a writ of mandamus and/or for return of the land on the ground that the land has not been used. WP NO.9115/2018 4. This petition has been filed by the President and Vice President/Secretary of the School Development Managing Committee (SDM), Government Pre-University College, Nyamathi, Honnali Taluk, and Davangere District. In the said petition, the petitioner has sought to set aside the execution and operation of the impugned order bearing No.ED 591 SES 2107, Bengaluru, dated 01.02.2018, by virtue of which, it is directed to transfer the lands to W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 12 Santa Sevalal Development and Management Committee. In the said petition, the President and the Vice President contend that, 4.1. The property covered under Sy Nos. 219 and 220 of Chinnikatte Village, Honnali Taluk, Davangere District, measuring totally 15 acres 11 guntas had been donated by one J.R. Eshwarappa to Nyamathi Municipal High School, Honnali Taluk, Davangere District on 28.06.1956 as per Bhoodan and Vidyadan for Educational Institutions Scheme.
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