W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 1

IN THE HIGH COURT OF 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, 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 – 577 001. W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 2

3. THE TAHASILDAR, 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 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.

4.2. Since then the said lands were used by the

School and katha and pahani also stand in

the name of Municipal High School,

Nyamathi, which has now been upgraded

to Pre-university College and the entire W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 13

land has been put to use of the said

school/college.

4.3. It is further contended that, though there is

no construction put-up on the land, the

School has planted eucalyptus trees and a

portion of the land has been used for the

purpose of growing rice/paddy and jawar,

which used to be sold and the proceeds

there from were used for the purpose of

school/Pre-university College.

4.4. It is further stated that the portion of the

said land is used by the School as a play

ground for sports activities, which are

conducted in the said land.

4.5. On these grounds, it is stated that, the land

being vested with the School, ought not to

be divested and transferred to SSDM W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 14

Committee, as the transfer would prejudice

the interest of the petitioner.

5. Similar objections to that filed in WP

No.6278/2018 have been filed in WP Nos.9115

and 11035/2018 by the Member Secretary of

SSDM Committee by way of an Interlocutory

Application seeking for vacating the interim

order. In the said application it is stated that,

5.1. The Trust has been established for the

purpose of creating infrastructure in

Nyamathi.

5.2. There is sanction of a sum of Rs.34.00

lakhs for the purposes of establishment of

10 bedded Ayush hospital apart there from,

the Trust has already been running a

Training Institute and the same requires W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 15

more space and that can be established in

the subject land.

6. Sri. Raja Subramanya Bhat, learned counsel

instructed by Sri.G. Lakshmeesh Rao, learned

counsel for the petitioner reiterated the contents

of the writ petition and also submitted that the

Government Order dated 21.03.1980 was also

widely reported in newspaper in the year 1980.

Therefore, the counsel for the petitioner relying

upon the above statement made in the

newspaper submits that, the representation

made by the petitioner is required to be

considered by the authorities and the land be

returned to the petitioner, who is a descendant

of the donor.

7. Sri.M.V.Maheshwarappa, learned counsel for the

petitioner in W.P. No. 9115/2018 submitted that

the School has put the land to use, he reiterated W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 16

the contentions taken up in the petition and

further submitted that once the School has made

use of the land, it was not open for the

Government to transfer the said land to SSDM

Board, the School has a vested right over the

said land, the School is making use of the sale

proceeds from the sale of rice and jowar grown

on the said land for the purposes of running of

the School, if the land is transferred to SSDM the

School will lose its right and also the revenue

that it is earning from the said land, thus

adversely affecting the running of the School.

8. On the basis of the above, he submits that the

School not having been heard and the interest of

the School not having been considered by the

Government before passing of the impugned W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 17

order dated 1.2.2018 the said order is required

to be set aside.

9. Sri. Y.D. Harsha, learned Addl. Government

Advocate appearing for the respondent-State as

regards W.P. No.6278/2018 submits that,

9.1. The alleged Government Order dated

21.03.1980 is fabricated and fake, the

Government has already informed every one

concerned not to act on the said notification

and even it it were to be held to be issued, the

said notification is contrary to the Karnataka

Land Revenue Act, 1954.

9.2. That the petitioner cannot gain any benefit

from the said notification and hence,

consideration of the representation made by

the petitioner would not arise, since the same

is redundant and would not serve any practical

purpose and seeks for dismissal of the petition. W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 18

10. In respect of WP No.9115/2018, Sri. Y.D. Harsha

submits that,-

10.1. The petitioners being the President and Vice

President of the School Development

Committee, which is a Government

Organization consisting of Government Officials

is not authorized to file the present petition

since no such authorization has been

produced.

10.2. The School Development Committee being an

organization, established by the Government

for the purpose of development of the School,

cannot challenge a Government Order issued

by the Government, since that would lead to a

chaotic situation and cannot be encouraged.

10.3. The school development Committee cannot

challenge the Government Order issued by the

Government. W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 19

10.4. On the basis of above grounds, he seeks for

dismissal of the writ petitions.

11. Sri. Sridhar Prabhu, learned counsel appearing for

Respondent No.5-SSDM Board in WP No.6278/2018

and for Respondent No.7 in WP No.9115/2018

submits that,

11.1. The said Trust has been created by a

notification bearing No.SaKaE 336 SDC 2015

dated 06.01.2017.

11.2. The governing body of the Trust in its meeting

held on 18.07.2017, deliberated on a number

of welfare measures and decided that a Skill

Development and Training Institute should be

established under the Aegis of the State

Government through Respondent No.7-Trust.

11.3. The Governing Body wrote a letter to the

Principal Secretary to Government of

Karnataka, Department of Labour, on W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 20

07.08.2018 requesting for a direction to the

concerned authorities to start a Skill

Development and Industrial Training Institute.

11.4. It is in pursuance thereof the Executive

Director, Karnataka Residential Educational

Institutions Society wrote to the Principal

Secretary, Social Welfare Department, seeking

approval for establishment of the residential

School for students of Scheduled Caste in

Sooragondanakoppa.

11.5. Respondent No.7 in its meeting held on

18.07.2017 has decided to establish Ayurvedic

Medical Care and Welfare Center for the

welfare of the people.

11.6. In that regard, the Director of AYUSH,

Government of Karnataka wrote a letter to the

Additional Chief Secretary, Department of

Health and Family Welfare, Government of W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 21

Karnataka to grant approval for establishment

of 10 beds Government Ayurvedic Hospital.

11.7. He submits that, there is enough and more

action taken by the Trust to make use of the

land, which cannot be disputed and/or

controverted by the petitioners.

11.8. The petitioners are coming in the way of the

proper implementation of the plans of

development, which cannot be countenanced.

11.9. He further submits that Boodan Yagna Act

stands repealed by the Karnataka Boodan

Yagna (Repeal) Act, 1962 by referring to

Section-4 thereof; he submits that there can

be no action taken under the said Act, which is

repealed. Therefore, even though the

applications were to be made, the said land

cannot be returned to the petitioner in WP

No.6278/2018, as claimed or otherwise. W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 22

11.10. The petitioners in WP 9115/2018 do not have

any locus to challenge the Government Order

which has been issued to the School to transfer

the land to SSDM Board.

11.11. The School Development Committee

represented by the President or Vice President

in their individual capacity filing the above writ

petition without any authorization does not

arise.

11.12. School Development Committee cannot

challenge the order of the Government.

11.13. On the basis of the above grounds, he submits

that both the writ petitions are to be dismissed.

12. Heard Sri. Raja Subramanya Bhat for

Sri.G.Lakshmeesh Rao for the petitioner in

W.P.NO. 6278/2018, Sri.M.V.Maheshwarappa, W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 23

learned counsel for the petitioners in W.P. No.

9115/2018 Sri.Y.D.Harsha, learned AGA for the

State in both the petitions, Sri Sridhar Prabhu,

learned Advocate for Sevalal Development and

Management Board in both the petitions.

13. On the basis of the pleadings filed as also on the

basis of the averments made, the questions that

would arise for consideration of this Court are:

13.1. Whether once a land has been gifted under Bhoodan and Vidyadan Scheme, could the land owner and/or legal representatives of the land owner seek for return of the said land on the ground that the land has not been put to use for the purpose for which the land was gifted, by relying on the Government Order No.RD (Spl) 121 ECT 79 dated 21.3.1980?

13.2. Whether the School development Committee or its office bearers can challenge the Govt. Order directing transference of the land vested with the School to the Santh Sevalal Development and Management committee?

13.3. What Order? W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 24

14. I answer the above questions as under:

15. ANSWER TO POINT NO.1: Whether once a land has been gifted under Bhoodan and Vidyadan Scheme, could the land owner and/or legal representatives of the land owner seek for return of the said land on the ground that the land has not been put to use for the purpose for which the land was gifted, by relying on the Government Order No.RD (Spl) 121 ECT 79 dated 21.3.1980?

15.1. The contention of the petitioner in WP

6278/2018 in the petition as also during

the course of submissions made by

Sri. Raja Subramanya Bhat learned counsel

for the petitioner is that the land had been

donated by late J.R. Eshwarappa for the

purposes of running of the School in the

year 1950. However, the said land was not

put to use, therefore the very purpose of

donation of the land having been rendered

redundant and/or the land not being put to

use for the purposes for which it was W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 25

donated, the land is required to be

returned to the donor and/or his legal

representatives in terms of the

Government Order dated 21.3.1980.

15.2. Per contra, the submissions made by the

M.V.Maheshwarappa, learned counsel for

the petitioner in WP No. 9115/2018 is that

the School and now the college has been

making use of the said land for its

purposes, inasmuch as it is used for

organizing sports activities, other cultural

activities, it is the School who has planted

eucalyptus trees, that the School is also

planting and growing rice, jowar and

vegetables in the said land, which is sold in

the market, the proceeds therefor being

used for the purpose of the School. W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 26

15.3. Sri.Y.D.Harsha, learned AGA appearing for

the state submitted that the very

notification on which basis the said claim is

made dated 21.3.1980 is a false, fabricated

and manipulated document and as such,

the State has issued a notification on

12.7.2007 immediately on the State

coming to know of the said fabricated

notification on which basis similar

applications had been filed that the

notification dated 21.3.1980 is fabricated

and neither the public nor the government

officers should give credence to the said

notification and/or act on the said

notification dated 21.3.1980.

15.4. Even otherwise, he submitted that the land

being put to use for the School as

contended by Sri.M.V.Maheshwarappa, W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 27

learned counsel for the petitioners in WP

9115/201. Therefore, he submits that

even if the notification dated 21.3.1980 is

proper and correct, the land having been

put to use for the School there is no right

vested with the petitioners to make use of

the said land.

15.5. Alternatively he submitted that whether the

land has been put to use for the School or

not, there is no vested right which has

been created in favour of the donor and/or

the legal representatives of the donor to

seek for return of the land.

15.6. The sole basis of the contention of the

petitioner in W.P.No.6278/2018 is that he

is the legal representative of one

Sri.J.R.Ishwarappa who had gifted the land W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 28

in Sy.No.219 and 220 of Chinnikatte Village,

Belagutti Hobli, Nyamathi Village, Honnali

Taluk, Davangere District to Municipal

School, Nyamathi under Bhoodan and

Vidyadan Scheme for education institution

Scheme. It is contended that the said land

has not been put to use by the said

Municipal School and therefore, the land

lying waste ought to be returned to the

petitioner. In this regard, he has relied

upon the Govt. Order No. RD (Spl.) 121 PCT

79 dated 21.3.1980.

15.7. In W.P.No.9115/2018 filed by the President

and Vice President of the School

Development Management Committee, it is

contended that the land has already been

put to use, the land is used as a

playground, certain agricultural produce W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 29

are grown on the said land, the sale

proceeds of agricultural produce are

transferred to the School for the purpose of

usage of the School for its developmental

activities and further contended that the

land having been put to use by the School

and now a pre-university college, the land

is required and cannot be transferred to the

Santh Sevalal Trust.

15.8. The contention in both the petitions are

diametrically opposed to each other. The

petitioner in W.P.No.6278/2018 contends

that land has not been put to use, whereas

petitioners in W.P.No.9115/2018 contend

that the land has been put to use. This

contradiction has been brought out due to

the glaring nature thereof, however, the

same has no relevance to the decision to W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 30

be rendered by this Court for the reason

that the same would rest on the

genuineness or otherwise of the Govt.

Order dated 21.03.1980 .

15.9. Sri.Y.D.Hasha, learned AGA appearing for

the State has categorically contended that

there is no such Govt. Order dated

21.3.1980 and in fact there is a Govt.

Order subsequently issued on 07.12.2007

categorically stating that no Government

department should rely on the alleged

Govt. order dated 21.3.1980 which is a

false and fabricated order. By way

notification dated 7.12.2007 the

Government has considered the

implications of such a false and fabricated

document and has fore-warned all the W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 31

concerned departments not to act on the

said Govt. Order dated 21.3.1980.

15.10. The notification dated 21.3.1980 also does

not make any sense inasmuch as the two

criteria prescribed under the alleged false

notification; one that the land is not used

for the purpose for which it is donated; two

that if the owner wants to resume the land

he has to donate 2 quintals of rice every

year to the School for the purpose of

resumption of the land. Such a condition is

unheard of and completely lacks bonafides.

It gives credence to the submission made

by Sri.Y.D.Harsha that there is no such

notification or a Government order dated

21.3.1980. Be that as it may, the

notification dated 12.7.2007 issued by the

Government makes it clear that the W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 32

notification dated 21.3.1980 is a false and

fabricated one.

15.11. What has been produced by the petitioner

in W.P.No.6278/2018 is a photocopy of the

said Govt. Order, the alleged Govt. Order

has not been gazetted nor the gazette

publication been produced. On enquiry,

learned counsel for the petitioner has

submitted that he does not have the

gazetted copy of the said order.

15.12. In view of the said submission and in the

light of the said notification dated

12.07.2007 which makes it clear that the

alleged Govt. Order dated 21.3.1980 is

false and fabricated, the question of the

petitioner in W.P.No.6278/2018 relying on W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 33

the said fabricated Govt. Order would not

arise.

15.13. If that be so, the contention as regards

whether the land is put to use or not put to

use becomes irrelevant for the reason that

the same has no basis for the claim put

forward by the Petitioner in W.P No. 6278

of 2018 for return of land, in the absence

of the Govt. Order dated 21.3.1980.

15.14. In the above background, it cannot now be

contended by the petitioners that the

notification or a government order dated

21.3.1980 is in force, is applicable and the

petitioners can exercise their right under

the said notification. The very substratum

of the claim of the petitioners in WP No.

6278/2018 being the existence or W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 34

otherwise of the notification dated

21.3.1980 and the said notification not

being genuine, the question of making any

claim and for consideration of the said

claim by issuance of mandamus by this

Court would not arise.

15.15. In view of the above fact, once the land

has been gifted under Bhoodan and

Vidyadan scheme, there is no right which is

created in the donor or the legal

representatives of donor to seek for return

of the lands gifted for any reason

whatsoever. Once the land is gifted to the

Government, it is the responsibility of the

Government to put the land to the use for

which it was granted by way of a gift. At

the most, the donor or the legal

representatives of the donor can seek for a W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 35

direction to direct the Governmental

authorities to put the land to use for which

it was so gifted, they cannot seek for

return of the land granted by way of a gift

since the gift is complete on the gift deed

being executed, there cannot be return of

the land.

15.16. Furthermore, as contended by Sri.Sridhar

Prabhu, that Bhoodan and Vidyadan

Scheme has been repealed by the

Karnataka Bhoodan Yagna (Repeal) Act

1962, the question of reliance being placed

on the said scheme or the Act for the

purpose of resumption of the land would

not arise.

15.17. The Resumption of the land being not

capable of being done on account of W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 36

Karnataka Bhoodan Yagna (Repeal) Act,

1962, it cannot be now contended by the

petitioner that the land is required to be

resumed.

15.18. Though not necessary for the purposes of

this matter, since the issue of use has been

raised the same needs to be addressed, the

writ petitioners in W.P.No.9115/2018

having contended that the School has

already used the land or taking into

consideration the submission made by

respondent Santh Sevalal Development

Trust that the land is going to be used to

set up a Training Institute, as also for the

establishment of an Ayush hospital, it

cannot be said that land had not been put

to use, the land is also proposed to be put

to use for the greater public good of the W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 37

people residing in the area. The

establishment of a Technical Institute

would also satisfy the requirement of

following the terms of the grant made by

the donor under the Bhoodan and Vidyadan

Scheme.

15.19. Looked at it from any angle, the petitioner

in W.P.No.6278/2018 would not be entitled

for the return of the land as claimed.

15.20. Therefore, I answer point No.1 by

holding that once a land has been

gifted under Bhoodan and Vidyadan

Scheme, the land owner and/or legal

representatives of the land owner

cannot seek for return of the said land

on the ground that the land has not

been put to use for the purpose for W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 38

which the land was gifted, by relying

on the Government Order No.RD (Spl)

121 ECT 79 dated 21.3.1980.

16. ANSWER TO POINT NO.2: Whether the School development Committee or its office bearers can challenge the Govt. Order directing transference of the land vested with the School to the Santh Sevalal Development and Management committee?

16.1.It is by way of a Govt. Order that the land

is sought to be transferred to the Trust.

The Trust has been established in the name

of Santh Sevalal who is stated to hail from

the said area, and it is in his name that the

Government has decided to establish the

Trust in order to take up developmental

and educational activities for the benefit of

the residents of the area. The Trust is not

only to be vested with the present property

in dispute but also various other properties W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 39

and developmental activities which the

Trust is required to undertake as per the

Trust Deed. The persons nominated by the

Government manages the Trust. The

governing body of the Trust consists of

officers of the various departments holding

high posts like the Secretary of Health and

Family Welfare, Secretary of Education,

etc. In view of the same, the Government

has applied its mind to formulate a

particular Trust to undertake

developmental activities in the particular

area.

16.2. One of the lands which could be developed

and made use of the by Trust is the land,

subject matter of present dispute. It is the

endeavour of the Trust to establish a

technical institute as also a hospital. The W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 40

same cannot be challenged by the school

management committee, which is an ad-

hoc body created for the purposes of

running a Government School/College.

16.3. The contention of the petitioners in

WP.No.9115/2018 as contended in the

petition and addressed by

Sri.M.V.Maheshwarappa is that the land in

question has been put to use for the School

and once the land has been put for such

use there is a vested right created in favour

of the School and the land could not be

transferred by the Government to the

SSDM without considering the requirement

of the School.

16.4. The above aspect would have to be

considered in the context of the use that W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 41

the said School is alleged to have put the

land to. The only contention of

Sri.Maheshwarappa is that the land has

been put to use for the purpose of running

or conducting of cultural programs and

sports activities, planting of eucalyptus

tress as also for growing rice, jowar and

vegetabes, which is sold in the market and

the proceeds therefrom used for the

School. Apart from that there is no other

submission made either in the petition or

during the course of the arguments as

regards the use of the land by the School.

16.5. The aforesaid use which the petitioners

have sought to allege cannot be considered

as use so as to affect the running of the

School per se, if the land were to be

transferred to SSDM. The growing of W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 42

eucalyptus trees, the growing of rice/jowar

which is sold in the market and proceeds

used cannot be something which could

result in a vested right being created in

favour of the School.

16.6.If at all any of the above is to be

considered it is only the loss of certain

revenue in favour of School, which the

School can always represent to the

Government seeking for disbursement of

funds since the School/College is also run

by the Government, which is provided with

funds by the Government.

16.7. As regards the use of the land for cultural

activities and/or sports activities, despite

sufficient opportunity having been given,

the petitioners have not produced any

document to establish the running of any W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 43

cultural activities and/or sports activities

except for producing certain photographs

where certain children are seen on empty

land, there is no sports ground which has

been created or sports facility created

thereon. The cultural activities so called, is

only an assemblage of children which also

cannot be considered to be a use of the

land which would create a vested right in

the School.

16.8. Apart from the above, the petitioners being

the President and Secretary of a

Government school cannot challenge a

government order passed by the State

transferring the land to SSDM for the

purpose of running of a technical institute

and/or establishment of a Ayush College

which is in greater public good for the W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 44

entire region. Though this School cannot be considered to be a Governmental organ even if it were to be considered so and given such a status, one arm of the

Government cannot challenge the

Government as regards the bestowing of certain privileges on another arm of the

Government. If such a situation were to arise, it would result in chaos with each wing or each department of the

Government fighting with the other department of the Government. These kind of allegations cannot be encouraged by this Court preferring one arm of the

Government over the other arm of the

Government. In such situation, it is presumed that the Government which has acted by issuance of the notification has considered all the rival claims and/or rival W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 45

interest, if any, between various

governmental organizations/department

and the last order which has been passed is

considered to be the one which would be

applicable, more so when there is no

intervening private interest.

16.9. The land measuring more than 15 acres

cannot be put to such a use depriving the

Trust from making use of the land for the

establishment of a technical school and/or

hospital which are in a larger public

interest, at the most the contention of the

school management committee is that they

would be deprived of the earning out of

growth of the vegetables in the said land,

which has not been quantified. The school

Development Committee could always

approach the Government for sanction of W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 46

such funds which it would lose on account

of transfer of the land to the Trust, by

producing necessary documents evidencing

the amounts earned from such sale of

vegetables which would have been

accounted in the School/College records.

The minor monetary loss which is caused to

the School cannot be a ground for stopping

of the development of the said land by the

establishment of the technical institute, as

also the hospital as aforestated.

16.10. In view thereof, I am of the considered

opinion that the grievance of the school

management committee cannot be a

ground to challenge the transfer of the land

by the Government to the Trust in

question. Therefore, looked at it from any

angle, the petition as filed by the school W.P.No.6278 OF 2018 C/W W.P.No.9115 OF 2018 47

Management Committee also cannot be

considered and is required to be dismissed

and is so dismissed.

16.11. Hence I Answer point No.2 by holding that the School development Committee or its office bearers can not challenge the Govt. order directing transference of the land vested with the School to the Santh Sevalal Development and Management Board.

17. ANSWER TO POINT NO.3: What Order?

For all the aforesaid reasons, I am of the

considered opinion that the claim of the

petitioners in both the Petitions are not

maintainable as such both the petitions are

dismissed.

Sd/- JUDGE KGR */ ln