Karnataka High Court · 2012

SRIMANJAPPAKG S/O HALAPPA K G AGED ABOUT 58 YEARS, R/O BASAVANHALLI GRAMA, CHANNAGIRI TALUK, DAVANGERE DISTRICT SRI GOVINDARAJU S/O THIMMAIHA AGED ABOUT 50 YEARS, R/O BASAVANHALLI GRAMA, CHANNAGIRI TALUK, DAVANGERE DISTRICT

9. SMT NAGARATHNAMMA 3 W/O GOVINDARAJU AGED ABOUT 45 YEARS. R/ 0 JAYANTHINAGARA. CHANNAGIRI TALUK. DAVANGERE DISTRICT

10. SRI HANUMANTHAPPA S/O SUNKAPPA AGED ABOUT 38 YEARS, R/O BASAVANHALLI GRAMA CHANNAGIRI TALUK, DAVANGERE DISTRICT

11. SRIMUTHAPPAKS S/O SOMALINGAPPA AGED ABOUT 52 YEARS, R/O JAYANTHINAGARA, CHANNAGIRI TALUK, DAVANGERE DISTRICT

12. SMTDURGAMMA W/O MUTHAPPA AGED ABOUT 44 YEARS, R/O BASAVANHALLI GRAMA CHANNAGIRI TALUK, DAVANGERE DISTRICT

13. SRIASHOKKM S/O MUTHAPPA K S AGED ABOUT 32 YEARS, R/O BASAVANHALLI GRAMA CHANNAGIRI TALUK, DAVANGERE DISTRICT

14. SRIRANGAPPAKS S/O SOMALINGAPPA AGED ABOUT 54 YEARS, 4 R/O JAYANTHI NAGARA, CHANNAGIRI TALUK, DAVAN GERE DISTRI CT

15. SMT MAMATHA W/O RANGAPPA K S AGED ABOUT 45 YEARS. R/O SHIVAGANGEHAL CHANNAGIRI TALUK, DAVANGERE DISTRICT

16. SRIRAVISH S/O RANGAPPA AGED ABOUT 32 YEARS, R/ 0 ASTHAPPANAHALLI, CHANNAGIRI TALUK, DAVANGERE DISTRICT

17. SRI PARAMESHWARAPPA S/O RUDRAPPA AGED ABOUT 35 YEARS, R/ 0 ASTHAPPANAHALLI CHANNAGIRI TALUK. DAVANGERE DISTRICT

18. SMTHALAMMA W/O KARIBASAPPA AGED ABOUT 35 YEARS, R/O ASTHAPPANAHALLI CHANNAGIRI TALUK. DAVANGERE DISTRICT

19. SRIDEVARAJ S/O SIDDAPPA AGED ABOUT 37 YEARS, R/O BASAVANAHALLI CHANNAGIRI TALUK, 5 DAVANGERE DISTRI CT

20. SRI KARIBASAPPA S/O CHANNABASAPPA AGED ABOUT 40 YEARS, R/ 0 ASTHAPPANAHALLI. CHANNAGIRI TALUK, DAVANGERE DISTRICT

21. SRI SHANKARAPPA S.M S/0 MALLAPPA AGED ABOUT 45 YEARS, R/ 0 ASTHAPPANAHALLI. CHANNAGIRI TALUK, DAVANGERE DISTRICT

22. SRI SURENDRA Y. AGED 34 YEARS, S/O.SANGAPPA R/ 0. BASAVANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

23. SRI GOOLEAPPA AGED ABOUT 45 YEARS S/O.GUDDAPPA DEVAGIRI R/O .JAYANTHI NAGARA CHANNAGIRI TALUK DAVANAGERE DISTRICT

24. SRI MAHALINGAPPA AGED 41 YEARS S / 0. SHARANAPPA RIO. BASAVANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT 6

25. SMT KALLAPANNARAJU AGED 38 YEARS W/O.MAHALINGAPPA R/O.BASAVANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

26. SMT NELLAMMA AGED ABOUT 55 YEARS S / 0. BASAVALINGAPPA R/O .JAYANTHINAGARA CHANNAGIRI TALUK DAVANAGERE DISTRICT

27. SRI EROJERAO AGED 42 YEARS, S/O.NAROSOJERAO R/ 0 .ASTHAPPANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

28. SMTSUMA AGED 35 YEARS W/O.EROJERAO R/ 0. BASAVANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

29. SRI SUBHASH N. AGED 41 YEARS W/O .NARSOJERAO R/O.JAYANTHINAGARA CHANNAGIRI TALUK DAVANAGERE DISTRICT

30. SRI AJAY AGED 34 YEARS 7 S / 0. NARSOJ ERAO R/O .ASTHAPPANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

31. SRI JAGADESH RAO B AGED 42 YEARS, S/O.BABU RAO B RIO. BASAVANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

32. SMTPADMAJRAO AGED 38 YEARS W/O.JAGADISH B RAO RIO. BASAVANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

33. SRI SHIVAJIRAO AGED 52 YEARS S/O.BABURAO B R/O .ASTHAPPANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

34. SMTKUMADAKASHI AGED 50 YEARS W/ 0. SHIVAJIRAO R/O .ASTHAPPANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

35. SRI GIRISH N.J. AGED 45 YEARS S/O.JAYANNA N.S R/ 0. BASAVANAHALLI 8 CHANNAGIRI TALUK DAVANAGERE DISTRI CT

36. SRI MALLAPPA AGED 35 YEARS S/O.BASAVARAJAPPA R/O. BASAVANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

37. SMT CHANNABASAMMA AGED 45 YEARS W/O GANGAIAHA R/O .ASTHAPPANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

38. SMTGIRIJAMMA AGED 60 YEARS W/ 0. BASAVARAJAPPA R/O .ASTHAPPANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT 3). SRI KARl BASAPPA AGED 70 YEARS S/O.MAHADEVAPPA R/ 0 .ASTHAPPANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

40. SMT PREMAMMA AGED 60 YEARS S/O. BASAVARAJAIAHA R/ 0 .ASTHAPPANAHALLI CHANNAGIRI TALUK 9 I)AVANAGERE DISTRICT 41, SRJRAVIKUMAR AGED 45 YEARS S/ 0. BASAVARAJAPPA R/ 0 .ASTHAPPANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

42. SRI PARAMESHWARAPPA G S AGED 40 YEARS S / 0. SHADAKAPPA R/ 0. BASAVANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

43. SRI MAHESWARAPPA AGED 55 YEARS S/0.SANNANINGAPPA R/ 0. BASAVANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

44. SRI BASAVARAJAPPA B G AGED 70 YEARS S/0 CHANNAPPA R/O BASAVANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

45. SMTUSHA AGED ABOUT 35 YEARS W/O GANGADAR R/O BASAVANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT 10

46. SMT DEVIKA AGED ABOUT 38 YEARS W/O ANNAPPA R/ 0 BASAVANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

47. SMTSHEELA AGED ABOUT 35 YEARS W/O MANJUNATH R/O ASTHAPPANNAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

48. SRI LINGARAJU V.T AGEI) ABOUT 40 YEARS S / 0 PARAM ESHWARAPPA R/O BASAVANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

49. SMT VEENA V L AGED ABOUT 35 YEARS W/O LINGARAJU R/O BASAVANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

50. SMTRATHNAMMA AGED ABOUT 54 YEARS W/O MEGHARAJU R/O ASTHAPANNAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

51. SRI MEGHARAJU AGED ABOUT 60 YEARS 11 S/O GURUSIDDAPPA R/O ASTHAPANNAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT 52, SRIKENCHAPPAHT AGED ABOUT 32 YEARS 5/0 LAKKAPPA R/O BASAVANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT 53, P MANJUNATH AGED ABOUT 42 YEARS S/O PUTTAPPA R/O BASAVANAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

54. SRI LAKKAPPA AGED ABOUT 75 YEARS S/0 HANUMAPPA R/ 0 ASTHAPANNAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT

55. SRI HANUMANTHAPPA TALWAR AGED ABOUT 41 YEARS S / 0 REVANAPPA TALWAR R/O ASTHAPANNAHALLI CHANNAGIRI TALUK DAVANAGERE DISTRICT .PETITIONERS (BY ADVOCATES) SRI.S.P.KULKARNI & SRI.P.V.MANJUNATH, 12 AND:

7. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF REVENUE. VII)HANA SOUDHA, BANGALORE-O 1 THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT FOREST DEPARTMENT, VIDHANA SOUDHA, BANGALORE-O 1 THE DEPUTY CONSERVATOR OF FOREST DAVANAGERE DISTRICT DAVANAGERE THE ASSSISTANT CONSERVATOR OF FOREST, HONNALI SUB-DIVISION DAVANAGERE DISTRICT THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE THE TAHSILDAR CHANNAGIRI TALUK CHANNAGIRI, DAVANAGERE DISTRICT THE COMMIYI’EE FOR REGULARIZATION OF UNAUTHORISED OCCUPANTS OF CHANNAGIRI TALUK, REPRESENTED BY ITS SECRETARY AND TAHSILDAR CHANNAGIRI TALUK DAVANAGERE DISTRICT 13

8. THE FOREST COMMIYFEE FOR REGULARIZATION OF UNAUTHORIZED OCCUPANTS BY ITS FOREST OFFICER CHANNAGIRI, DAVANAGERE DISTRICT . RESPONDENTS . (BY SRI.JAGADEESH MUNDARAGI. AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R7 AND R8 TO CONSIDER THE APPLICATIONS OF THE PETITIONERS PRODUCED VIDE ANNEXURE-A TO A-54 FOR GRANT / REGULARIZATION OF THEIR RESPECTIVE PORTIONS OF THE PARTICULAR LANDS IN SY.NO.7/ 19 OF N. BASAVANAHALLI, KASABA HOBLI, CHANNAGIRI TQ, DAVANAGERE DISTRICT. THESE WRIT PETITIONS FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: COMING ON ORDER Learned Additional Government Advocate is directed to take notice to respondents 1 to 8. He is permitted to file memo of appearance within a period of three weeks from today. 14

2. Petitioners seeking for a mandamus respondents 7 and 8 to consider the applications filed by them at Annexure-A to A-54 whereunder they have sought for regularization of their possession in respect of respective portions of land situated in Sy.No.7/19 of N.Basavanahalli. Kasaba Hobli, Channagiri Taluk, Davanagere District.

3. Case of the petitioners is that they are in cultivation of different portions of land in Sy.No.7/19 above referred to and they have filed Form No.50 and 53 way back in the year 1991 and 1998 as per Annexure-A to A-54 by seeking regularization of their possession and same has not been considered.

4. Case petitioners applications/representations considered Jurisdictional revenue inspector has visited the land in question and has reported to respondent No.6 and 7 of the fact that petitioners are in possession of their respective 15 portions. It is also the case of petitioners that respondents 6 and 7 have not passed any order on their applications and repeated representations submitted, an endorsement came to be issued on 17. 12.98 by sixth respondent as per AnnexureC intimating that seventh respondent committee has decided to process the application of petitioner. Petitioners herein have placed reliance on the order passed by this court on

07.08.2009 in W.P.22646-22696/2009 wherein under similar circumstances this court had directed respondents 7 and 8 to hold appropriate enquiry, consider and dispose of applications in accordance with law. It is the further case of petitioners that petitioners have made representations to respondent in view of such direction issued in similar matters to respondents 7 and 8 on 25.11.2009 as per Annexure-E and despite such representations/applications submitted same has not been considered and disposed of and as such they are seeking for a direction to respondents 7 and 8 to consider their applications Annexures-A to A-54. 16

5. Learned Government Advocate would submit authenticity of applications will have to he verifIed by authorities and after carrying out such an exercise as also ascertaining the fact with regard to possession of petitioners over the lands in question and other documents like Mahazar and sketch and thereafter said applications will be considered by the committee by taking into consideration all the records available in accordance with law. In view of the said submission made by Additional Government Advocate and also considering the fact that in the earlier writ petition disposed of on 07.08.2009 in W.P.22646-696/2009 by Co ordinate Bench of this court whereunder it was noticed by this court under similar circumstances namely similar endorsement had been issued this court had directed the authorities to dispose of the applications in accordance with law by order dated 07.08.2009. Annexure-D. In the instant case also there is no material available on record which would go to show that applications filed by petitioners are not disposed of by eighth respondent-committee or it has been 17 I considered by It. In these circumstances a direction has to be Issued to respondents to process the applications of the petitioners as per Annexure-A to A-54 after considering the authenticity or correctness of these applications as to whether It has been filed in accordance with the provisions of the Act and rules made thereunder.

6. Respondent No.6 shall take steps to consider these aspects of the matter namely if the applications are not already placed on record before seventh and eighth respondents. same shall be placed before them if these applications are In order. Thereafter as stated In the endorsement dated 17.12.2008 if the applications are placed before seventh and eighth respondents said Committee shall hold enquiry In accordance with law as directed In the earlier writ petitions referred to supra and dispose of applications namely Annexures -A to A-54 In accordance with law. It would be needless to state till the applications are considered or disposed of In accordance with law possession 18 of petitioners as it stands today shall continue and shall be maintained. In terms of the above directions these petitions stands disposed of, IUDGE SBN