ORDER : 1. These writ petitions are filed by 13 persons claiming themselves to be applicants in Form No.53 filed under the provisions of the Karnataka Land Revenue Act, 1964 seeking regularization in respect of various extents of land which is said to be in occupation of each of them in Sy.No.13 of K.Harivesandra Village, Kadaba Hobli, Gubbi Taluk. 2. According to the petitioners, applications are filed by them on various dates from 1980 onwards seeking regularization of their alleged unauthorized cultivation in land bearing Sy.No.13 referred to above and the same is not considered properly by the Committee which is constituted to consider regularization of their unauthorized cultivation. 3. In the meanwhile, it is stated that a suo motu proceedings is initiated by the 1st respondent – Deputy Commissioner in R.A.No.12/2016-17 based on representation of respondent Nos.6 to 13 and proceeded to pass certain orders which according to the petitioners is patently illegal, without any basis and contrary to the provisions of the Land Revenue Act and also in not considering the proceedings initiated by them, pending in proceedings No. LND. RUC (KD).CR.323-324/1991-92 on the file of 2nd respondent in this proceedings. 4. To consider the same, the facts of the case is referred to as under: The material on record as placed by the learned counsel for the petitioners herein as well as the learned Additional Government Advocate appearing for the respondent Nos.1 to 5 and also the learned counsel who is appearing for the residents of K.Harivesandra Village who are respondent Nos.6 to 13 is as under: The land bearing Sy.No.13 of K.Harivesandra Village, Kadaba Hobli, Gubbi Taluk measures in all 90 acres 28 guntas and the said land is classified as gomal land. 5. Admittedly, the entire extent of Sy.No.13 is reserved for pasteurization and classified as gomal land. That no portion of said land is reduced from pasteurization following Rule 97 of the Karnataka Land Revenue Rules and made available for grant at any time. It is stated by the petitioners hereinabove that they are in continuous possession and cultivation of various extents of land in some portion of Sy.No.13. Though it is stated that they are in possession from 1980, the records does not specifically refer to the date from which they are in possession and cultivation. It is stated by the petitioners hereinabove that they are in continuous possession and cultivation of various extents of land in some portion of Sy.No.13. Though it is stated that they are in possession from 1980, the records does not specifically refer to the date from which they are in possession and cultivation. However, the order of 2nd respondent – Assistant Commissioner in RA (G) (A) 6-10/1996-97 at page 3 would indicate that 10 persons filed 11 applications seeking regularization of unauthorized cultivation of various extent. The said applications are from the month of July 1991 to September 1991. Based on the said applications proceedings in LND. RUC (KD). CR. 323-324/1991-92 is initiated before the Committee constituted for regularization of unauthorized occupants in Gubbi Taluk, wherein survey was conducted. During the course of survey, the villagers of K. Harivesandra Village have given statement that there is an attempt by some people to occupy the land which is reserved for pasteurization in Sy.No.13 of said village for unauthorized cultivation. That the same should not be considered; TT fine should not be collected by them; the said land should be developed as social forest for betterment of the village. The majority view of the village was accepted by the revenue authorities, record would indicate that no TT fine was collected from any of the unauthorized occupants, consequently the applications which were filed for regularization were rejected by order dated 24.9.1994. The said order is received by 5 of the applicants vide endorsement dated 26.7.1996 and based on that they filed an appeal before the 2nd respondent – Assistant Commissioner invoking Section 49 of the Karnataka Land Revenue Act, 1964 which is numbered in RA(G)(A) 6-10/1996-97. In the said proceedings, the Assistant Commissioner, on going through the order impugned, set aside the order of the proceedings dated 24.9.1994 and remanded the matter back to the Committee for fresh consideration by its order dated 17.4.1999. 6. The records would indicate that thereafter nothing has been done by any of the parties. The concerned authorities have not placed the application of 5 appellants in the aforesaid appeal and also the application of other persons which was earlier rejected by order dated 24.9.1994 before the Committee constituted for regularization of unauthorized occupation, in terms of the order of 2nd respondent. 7. In the meanwhile, it is seen that several developments have taken place parallely. 7. In the meanwhile, it is seen that several developments have taken place parallely. One of them is in filing a writ petition which is much earlier to filing of application for regularization. The writ petition which is filed even prior to filing of application for regularization is in W.P.No.10062/1978 which is disposed of by order dated 18.02.1985. A copy of which is produced as Annexure-R8 filed along with statement of objections of respondent Nos.6 to 13. The said proceedings was before Coordinate Bench of this Court, which was filed by grantees of land in Sy.No.13 of K.Harivesandra Village challenging the order of KAT. (In the said order, the village is wrongly referred to as Annasandra Village). In the said proceedings initiated by the grantees in challenging the order of Tribunal in setting aside the grant in their favour vide Annexure-A, the points that arose for consideration of the Bench were as under: “Two grounds on which order of grant has been set aside are: (i) Without the sanction of the Divisional Commissioner, extent of gomal land reserved, could not have been reduced; and (ii) Without appropriation, there could not have been a grant.” 8. When the said writ petition was taken up for consideration, the coordinate Bench of this Court observed that gomal land could not be considered for grant without prior sanction from Divisional Commissioner and without reducing the extent of land reserved for gomal and bringing the same for the revenue usage, with such observation the writ petition was dismissed, wherein the observation of the Court is that the application filed for unauthorized occupation of gomal land cannot be considered inasmuch as the extent of land reserved for gomal is not reduced from pasteurization. 9. Second of the writ petition is W.P.No.14099/1988 which is at Anenxure-A, by 4 persons who are also petitioners in these writ petitions among other petitioners. The said writ petition is for seeking direction to the forest department not to dig any trenches in the land in question which is contrary to Section 71 of Land Revenue Act and to direct the 4th respondent Forest Department in the said proceedings to permit the petitioners to use the land which is reserved for specific purpose. The said proceedings also came to be dismissed. The said proceedings also came to be dismissed. While doing so, the Court has recorded the submission of the learned Additional Government Advocate which is as under and proceeded giving reasons for dismissing the writ petition: “On the contrary, it is submitted by the learned Government Pleader on the basis of the instructions issued that some of the villagers have encroached upon the gomal land and the authorities are entitled to take action to evict them. The unauthorized occupants of the gomal land are liable to be evicted in accordance with the provisions contained in the Act. Therefore, the action taken by the authority in that regard cannot at all be interfered at this stage.” 10. The things have not come to an end even after two round of petitions filed in this behalf are rejected. Subsequently, a third round of writ petition is initiated in public interest litigation which is by respondent Nos.6 to 13. In this writ petition which is in W.P.No.51012/2016 (KLRRES) PIL, the respondent Nos.6 to 13 apprised to this Court that various persons are trying to unauthorisedly cultivate and seek regularization of gomal land bearing Sy.No.13 which should be ordered to be reserved for the use of general public, more particularly for development of forest thereon. The said writ petition is disposed of with liberty to the writ petitioners i.e. respondent Nos.6 to 13 herein to make a representation to the 1st respondent ventilating their grievance and it was also observed that the representation by the petitioners to the 1st respondent shall be considered and disposed of after giving opportunity to all the concerned persons within a stipulated time. It is this order of Division Bench of this Court dated 21.10.2016 has steered the 1st respondent Deputy Commissioner, Tumakuru District to take up the said matter as suo motu proceedings and dispose of the same wherein he has directed the Tahsildar of Gubbi Taluk to clear unauthorized occupation and cultivation of land bearing Sy.Nos.13 and 14 of K.Harivesandra Village and also other survey numbers of adjacent village within three days. While passing this order, the 1st respondent Deputy Commissioner who initiated the suo motu proceedings, presumed that the same is an appeal against the order of 2nd respondent – Assistant Commissioner in RA (G) (A) 6-10/1996-97 and set aside the said order without even hearing the aggrieved persons in the said proceedings. While passing this order, the 1st respondent Deputy Commissioner who initiated the suo motu proceedings, presumed that the same is an appeal against the order of 2nd respondent – Assistant Commissioner in RA (G) (A) 6-10/1996-97 and set aside the said order without even hearing the aggrieved persons in the said proceedings. Consequently, the aforesaid order is passed. Being aggrieved by the same, the petitioners herein are before this Court. 11. Admittedly, there are 13 petitioners in this proceedings which is clear indication that all the petitioners herein are not the applicants before the Committee for regularization of unauthorised occupation of lands in Sy.No.13 of K. Harivesandra Village, Kadaba Hobli, Gubbi Taluk. As stated earlier and as referred to in the order of 2nd respondent – Assistant Commissioner which is at Annexure-B to these writ petitions in page 3 of the said order, there are only 10 applicants before the Committee for regularization of unauthorized cultivation of land and how it can be increased to 13 in these writ petitions claiming themselves at par with others is not seen. 12. Be that as it may, the point that arises for consideration is whether the petitioners who are claiming regularization of their alleged unauthorized possession, cultivation and enjoyment of land in Sy.No.13 of K. Harivesandra Village are eligible for such regularization. For that, what is to be seen is whether the said land which is gomal land is considered for reduction of pasteurization in terms of the Rules prescribed under the Karnataka Land Revenue Rules and made available for grant under the provisions of the Land Revenue Act. Therefore, this matter has to be reconsidered by the Committee. Another thing that has to be looked into is the wish of the villagers as seen in the records wherein it is stated that majority of the villagers have felt that land in Sy.No.13 which is Government gomal land, is required to be reserved for development of forest on the said land. It is also seen that pursuant to such decision, from 1990 itself, major portion of land in Sy.No.13 is being utilized for pasteurization. In-fact, it is seen in W.P.No.14099/1988 where some of the petitioners are writ petitioners in these writ petitions, a direction is sought to prevent the forest officers from digging any trenches. It is also seen that pursuant to such decision, from 1990 itself, major portion of land in Sy.No.13 is being utilized for pasteurization. In-fact, it is seen in W.P.No.14099/1988 where some of the petitioners are writ petitioners in these writ petitions, a direction is sought to prevent the forest officers from digging any trenches. Therefore, it clearly indicates that the act of afore-station has also commenced in the land which is also required to be considered by the Committee in the said application. 13. Now coming to the order of the Deputy Commissioner which is sought to be impugned in this proceedings which is at Annexure-N, according to this Court is without any basis. Though the Division Bench of this Court while disposing of W.P.No.51012/2016 made certain observations in the manner in which the Deputy Commissioner is required to consider the representation of respondent No.6 to 13 herein, the Division Bench did not empower the Deputy Commissioner suo motu to take up the order of 2nd respondent in RA (G) (A) 6-10/1996-97 and to adjudicate the same while considering their representation. So far as the same is concerned, the Deputy Commissioner has exceeded its jurisdiction while considering the representation of respondent Nos.6 to 13. 14. Therefore, the order of 1st respondent – Deputy Commissioner dated 18.12.2017 is required to be set aside in this proceedings and accordingly it is quashed. By quashing that, the writ petitions will not come to an end. 15. It is seen that further directions are required to be issued in this proceedings to the Committee constituted for regularization of unauthorized cultivation of land, particularly in Sy.No.13 of K. Harivesandra Village, Kadaba Hobli, Gubbi Taluk to take up the same on top priority within 15 days from the date of receipt of copy of this order. On taking up the same, the said Committee will have to reconsider all the applications and pass appropriate order within 60 days there from keeping in mind the earlier observations made by this Court in the writ petitions in W.P.No.10062/1978 which is disposed of on 12.2.1985 and also in W.P.No.14099/1988 disposed of on 12.10.1988 and take up suitable decision thereon and the same shall be implemented by the authorities. With such observations, the writ petitions are disposed of.