H. K. BASAVARAJU v. TAHSILDAR, ALUR TALUK, HASSAN DISTRICT
2006-02-21
K.RAMANNA
body2006
DigiLaw.ai
ORDER This is a writ petition filed by the petitioners 1 to 9 under Articles 226 and 227 of the Constitution of India seeking direction to issue writ of mandamus directing respondents 1 and 2 to issue Saguvali Chit in respect of the land granted in their favour at Annexures-B to H and also to direct respondent 5 to hand over the possession of the land in Sy. Nos. 41 and 42 of Nidanur Village, making way to issue Saguvali Chit in favour of petitioners 1 to 9. 2. Brief facts of the case are that the petitioners 1 to 9 are the agriculturists and their livelihood is entirely depending on the income derived from their lands. Since the lands of the petitioners 1 to 9 stood merged in Hemavathi Reservoir Project, respondent 4 taking into consideration the fact that the petitioners and others lost their valuable lands consequent upon the construction of the Hemavathi Reservoir Project directing to reduce the extent of gomala land for the purpose of livelihood for the persons who lost their lands. Therefore, the lands were granted in favour of the petitioners. Accordingly, respondent 2-Deputy Commissioner issued a notification dated 11-9-1973 under Section 71 of the Karnataka Land Revenue Act, 1964 releasing 677 acres 27 guntas of waste lands which are fit for cultivation and available for disposal in the villages of Alur Taluk which are reserved for being granted to the persons whose lands were stood merged. Accordingly, Special Land Acquisition Officer granted the land in the name of petitioners 1 to 9 as shown in Annexures-B to H. Accordingly, the petitioners requested the Tahsildar to issue Saguvali Chit and to put them in respect of the lands granted by the Special Land Acquisition Officer, but the 1st respondent-Tahsildar failed to issue Saguvali Chit but received endorsement at Annexure-J, dated 30-6-2004 from respondent 2-Deputy Commissioner to the effect that the lands so granted are in possession and enjoyment of the respondent 5-Forest Department and necessary directions from the Central Government is to be taken to release the lands in question ignoring the earlier notification produced by the learned Additional Government Advocate for respondents 1 to 5 as per Annexure-R1. It is the further case of the petitioners that the lands in Sy. Nos. 41 and 42 which were already reserved for grant in favour of the petitioners and others.
It is the further case of the petitioners that the lands in Sy. Nos. 41 and 42 which were already reserved for grant in favour of the petitioners and others. Respondent 5 in connivance with the Revenue Officers managed to improve the lands in Sy. No. 42 which was the forest land. The land in Sy. No. 41 is not a land granted or reserved in favour of respondent 5 as the State has already released and reserved the land for the purpose of granting lands to the persons who have lost their lands. Therefore, the petitioners herein have come up with this writ petition praying to direct respondents 1 and 2 to issue saguvali chit since the lands have already been granted in their favour as per Annexures-B to H. 3. Heard the arguments of learned Counsel for the petitioners and the learned Additional Government Advocate for respondents 1 to 5. 4. I have carefully examined the materials placed on record. It is contended by the learned Counsel for the petitioners that the land in Sy. Nos. 41 and 42 were granted in favour of the petitioners long back as per Annexures-B to H and subsequently, when they approached the authorities, the Tahsildar failed to issue saguvali chit and therefore, they have come up with this writ petition. In similar type of cases, i.e., this Court in case of Lokayya v. Jayashree and Others1, has held as under: "Even though the land was under the physical control of the Forest Department, in the absence of an order by the State Government under Section 3 of the Karnataka Forest Act, 1963 and notification under Section 4 of the Act, the legal position is that the land continues to be under the control of the Revenue Department governed by the Karnataka Land Revenue Act. As long as the land is under the legal control of the Revenue Department, the Mines Department is competent to grant applications for quarrying licences. Where the land was not a reserved forest, the authorities under the Forest Act are not competent to grant applications for quarrying" . Learned Counsel for the petitioners has also relied upon another decision of this Court in W.P. Nos.
Where the land was not a reserved forest, the authorities under the Forest Act are not competent to grant applications for quarrying" . Learned Counsel for the petitioners has also relied upon another decision of this Court in W.P. Nos. 24203 to 24211 of2003 disposed of on 17-10-2003, wherein this Court allowed the writ petition and directed the authorities concerned to issue saguvali chit in favour of the petitioners pursuant to the order of grant granting the land in their favour. 5. In the instant case, the impleading applicants namely respondents 6 to 17 have not produced any documents to show that those lands have been granted in their favour. But Annexure-R1 produced by the respondents 6 to 17 is' issued by the Deputy Conservator of Forests, Hassan Division, that the lands are situated in Nidanur Village is a forest land. The fact that the petitioners are the losers of their land on account of the construction of Hemavathi Reservoir Project and that the Government has directed the Special Land Acquisition Officer to grant land out of Sy. Nos. 41 and 42 in favour of the petitioners is not in dispute. Accordingly, the land has been granted in favour of the petitioners in respect of the land in Sy. Nos. 41 and 42 and the land in question was reserved prior to transfer of the land by respondent 5. Therefore, respondents 6 to 17 have no locus standi to claim the land in Sy. Nos. 41 and 42 when once the Government has reserved those lands for the distribution of the same to the landless persons and subsequently, certain extent of land were granted as per the records produced by the petitioners. If any steps are taken by the Government or the Revenue Authorities to transfer the lands in favour of respondent 5 subsequently, the same is violative of the earlier orders. 6. Therefore, the present writ petition is allowed. Respondents 1 and 2 are hereby directed to issue Saguvali Chit Certificate in favour of the petitioners in respect of the lands granted in their favour as per Annexures-B to H and to deliver the vacant possession of the same to the petitioners. Respondent 5 is directed to hand over the possession of the land in Sy. Nos.
Respondents 1 and 2 are hereby directed to issue Saguvali Chit Certificate in favour of the petitioners in respect of the lands granted in their favour as per Annexures-B to H and to deliver the vacant possession of the same to the petitioners. Respondent 5 is directed to hand over the possession of the land in Sy. Nos. 41 and 42 of Nidanur Village In favour of petitioners, making way to issue Saguvali Chit Certificates, within three months from the date of receipt of a copy of this order.