Madhura Bai, W/o Late Sri. Raghunandan Singh v. State of Karnataka
2020-08-18
JOHN MICHAEL CUNHA
body2020
DigiLaw.ai
ORDER : Though this petition is listed for preliminary hearing, with the consent of the learned counsel for petitioner and learned AGA, the matter is taken up for final disposal. 2. The only grievance raised by the petitioner is that the application filed by him for grant of land under Ex-Servicemen quota was rejected by the 4th respondent – Thasildhar, Tiptur Taluk on improper ground that the petitioner did not produce relevant documents to show the availability of the land as on 03.06.2005. 3. The respondent does not dispute the eligibility of the petitioner for grant of land. As per the guidelines laid down by this Court in W.P.No.26700/2013 and connected matters dated 25.08.2014, the Deputy Commissioners of all the districts are directed to survey the lands through the officers concerned as envisaged in Rules 3 and 4 of the Land Grant Rules, 1969 and then identify lands in each village within their territorial jurisdiction for the purpose of grant to the ex-servicemen and soldiers and notify it as envisaged under Section 71 of the Karnataka Land Revenue Act, 1964 and further if in any such district agricultural land is not available, then the Deputy Commissioner shall identify revenue land for the purpose of grant in lieu of agricultural land. 4. In the wake of this direction, the impugned endorsement given by the 4th respondent that for want of production of documents by the petitioner his claim is liable to be rejected cannot be sustained. Since duty is cast on the Revenue Authorities to maintain relevant documents and furnish the details of all the available land to the Director, Sainik Welfare and Resettlement Board, the impugned endorsement at Annexure-A and Annexure-B are liable to be set aside as illegal, arbitrary and without authority of law. Accordingly, the petition is allowed. Annexure-A and Annexure-B are quashed. In view of the directions issued in W.P.No.26700/2013 and connected matters dated 25.08.2014, the matter is remitted to the 4th respondent – Thasildar, Tiptur Taluk to reconsider the application and pass appropriate order therein within an outer limit of three months from the date of this order. Petition stands allowed accordingly.