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2023 DIGILAW 561 (KAR)

Chandrashekara Reddy v. State of Karnataka

2023-04-05

S.G.PANDIT

body2023
JUDGMENT/ORDER 1. Heard learned counsel Sri.Kempanna for petitioner and learned High Court Government Pleader for respondents. Perused the writ petition papers. 2. Learned counsel for the petitioner would submit that the petitioner is before this Court praying for a writ of certiorari to quash Annexure-S - communication from second respondent to third respondent dtd. 26/11/2015 returning the proposal for grant of land in Sy.No.47 to an extent of 10 acres situated at Mahanthalingapura village, Jigani Hobli, Anekal Taluk, on the ground that the land in question is within the radius of 18 Kms. from Bruhath Bengaluru Mahanagara Palike ("BBMP" for short) boundary. Learned counsel for the petitioner would submit that the petitioner, an Ex-Military personnel submitted an application for grant of agricultural land to an extent of 10 acres situated Mahanthalingapura village, Jigani Hobli, Anekal Taluk on 19/9/1995. The petitioner's application was considered, sketch was prepared by the Assistant Director of Land Records and proposal for approval was forwarded to the second respondent. The second respondent, under Annexure-S/Communication dtd. 26/11/2015 returned the proposal on the ground that there is no provision to grant land, as the land sought for by the petitioner is within 18 Kms. from the radius of BMP limits. Learned counsel would submit that the land in question is more than 25 Kms., from the limits of BMP limits and on the said ground the second respondent could not have returned the proposal. 3. Learned High Court Government Pleader referring to the statement of objections filed on behalf of the State submits that the distance is to be measured in terms of the Government Order dtd. 18/9/2014 and 25/10/2018. 4. This Court, by order dtd. 16/3/2023 directed the learned High Court Government Pleader to get the report of Assistant Executive Engineer, P.W.D. sub-Division, Anekal with regard to distance of land in Sy.No.47 of Mahanthalingapura village, Jigani Hobli, Anekal Taluk from BBMP as well as Bengaluru Mahanagara Palike limits as on 1/10/1995, i.e., as on the date of application of the petitioner. 5. Learned High Court Government Pleader files a memo dtd. 5/4/2023 enclosing the letter of Assistant Executive Engineer addressed to the Office of the Advocate General enclosing Google Map with regard to distance. A portion of the letter dtd. 3/4/2023 produced along with memo reads as follows: 6. 5. Learned High Court Government Pleader files a memo dtd. 5/4/2023 enclosing the letter of Assistant Executive Engineer addressed to the Office of the Advocate General enclosing Google Map with regard to distance. A portion of the letter dtd. 3/4/2023 produced along with memo reads as follows: 6. The Assistant Executive Engineer, P.W.D subDivision, Anekal Taluk reports that the village in question i.e., Mahanthalingapura village, Jigani Hobli, Anekal Taluk is at a distance of around 27.5 Kms., from BBMP Limits. If the distance is 27.5 Kms from the BBMP limits, respondent Nos.2 to 4 are required to consider the application dtd. 19/9/1995 of the petitioner for grant of land afresh without reference to the letter dtd. 26/11/2015 (Annexure-S). Hence, the following order: Respondent Nos.2 to 4 are directed to consider the petitioner's application at Annexure-A dtd. 19/9/1995 for grant of land in Sy.No.47, Mahanthalingapura village, Jigani Hobli, Anekal Taluk without reference to the letter dtd. 26/11/2015 bearing No.RD 304 LGB 2015 (Annexure-S) and pass appropriate orders, in accordance with law, within a period of four months from the date of receipt of a copy of this order. With the above, the writ petition stands disposed of.