In the High Court of Karnataka at Bangalore

WP.25174-190/2012 1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 30 TH DAY OF JULY, 2012 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.Nos.25174-190/2012 (KLR-REG) BETWEEN: 1. Hamza Hussain Aged about 81 years S/o Madar Sab, Agriculturist 2. Ameerjan Aged about 63 years S/o Sheik Mahamood Sab Agriculturist 3. Zinda Hussain Aged about 50 years S/o Madar Sab 4. Kaleemulla Aged about 39 years S/o late Hyder Sab Agriculturist 5. Bi Bi Zahara Aged about 62 years W/o late Barkath Ali S/o Sheik Mahmood 6. Abdul Muthavalli Aged about 50 years S/o Abdul Rahim Sab 7. Rudresh Aged about 40 years S/o late Mallappa WP.25174-190/2012 2 8. B.R.Rudresh Aged about 40 years S/o late Mallappa 9. Rahaman Khan Aged about 32 years S/o late Sattar Khan 10. Chandrappa Aged about 30 years S/o late Mallappa 11. Smt.Shanthamma Aged about 62 years W/o late Sanna Rudrappa 12. Mahaboob Subhani Aged about 45 years S/o late Buddeu Khan 13. Athaulla Khan Aged about 50 years S/o late Abbas Khan 14. Akila Bi Aged about 55 years W/o late Abbas Kha 15. Fayaz Khan Aged about 35 years W/o Fazlur Rahman 16. Shafiulla Khan Aged about 58 years S/o late Sharief Khan 17. Irfan Khan Aged about 35 years S/o late Buddeu Khan All are r/o Karekatte Village, Channagiri Taluk, Santhebennur Hobli, Davanagere District. … PETITIONERS WP.25174-190/2012 3 (By Sri K.V.Lakshmanachar, Adv. for Sri G.Nagarajulu Naidu, Adv.) AND: 1. The State of Karnataka, Rep.by its Principal Secretary, Revenue Department, M.S.Building, Bangalore-01. 2. The Deputy Commissioner Davanagere District, Davanagere. 3. The Assistant Commissioner Davanagere Sub-Division, Davanagere. 4. The Tahsildar Channagiri Taluk, Channagiri, Davanagere Dist. 5. The Committee constituted for Regularization of unauthorized Cultivation of Govt.lands for Channagiri Taluk, Channagiri, Davanagere Dist. … RESPONDENTS (By Sri R.B.Sathyanarayana Singh, HCGP) These writ petitions are filed under Articles 226 & 227 of the Constitution of India, praying to quash the resolution passed by the respondent No.5 dated 28.6.2007 vide Annexure- E and etc. These petitions coming on for Preliminary Hearing this day, the Court made the following: WP.25174-190/2012 4 ORDER 1. Learned Government Pleader is directed to take notice for the respondents. 2. Petitioners are calling in question the endorsement dated 21.02.2012 – Annexure-F issued by the Tahsildar, Channagiri Taluk, thereby informing the petitioners that the application filed by them for regularisation of their unauthorised occupation of 1 acre 20 guntas of land in Sy.No.62 of Karekatte Village, Channagiri Taluk in Davangere District has been dismissed as the said land being a gomal land meant for grazing cattle was found to be necessary as gomal to graze the cattle and hence there was no scope for grant of such gomal land. 3. Though several contentions are urged by the counsel for the petitioners against the order passed by the Deputy Commissioner, it is unnecessary to go into the merits of the same. 4. Learned Government Pleader brings to the notice of this Court the provisions contained in Sub-clause (6) of Rule 108-D of the Karnataka Land Revenue Rules, 1964, wherein the WP.25174-190/2012 5 remedy of appeal is provided to the petitioners against the order passed by the Tahsildar on the recommendations made by the Committee constituted for regularisation of unauthorised occupation of Government land. 5. Therefore, reserving liberty to the petitioner to file an appeal before the Assistant Commissioner, these writ petitions are disposed of. Learned Government Pleader is permitted to file memo of appearance within three weeks from today. Sd/- JUDGE PKS.

Load more