Karnataka High Court
Sri D Shantharaju vs The State Of Karnataka on 28 June, 2023
Bench: C.M. Poonacha
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NC: 2023:KHC:22357
WP No. 8480 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
WRIT PETITION NO. 8480 OF 2022 (KLR-LG)
BETWEEN:
1. SRI. D. SHANTHARAJU,
AGED ABOUT 83 YEARS,
SON OF LATE DEVAMITHRAPPA,
R/ NO. 1971, "SHALOM HOUSE",
CHURCH COMPOUND,
MALAVALLI - 571 430,
MANDYA DISTRICT.
...PETITIONER
(BY SRI. VENKATESH C., ADVOCATE FOR
SRI. C.SHANKAR REDDY, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS CHIEF SECRETARY,
REVENUE DEPARTMENT,
AMBEDKAR VEEDHI,
Digitally
signed by VIDHANA SOUDHA,
POORNIMA
SHIVANNA BENGALURU - 560 001.
Location:
HIGH COURT
OF
KARNATAKA
2. THE DEPUTY COMMISSIONER,
PARK ROAD 2, NEAR DISTRICT COURT,
MANDYA TOWN AND DISTRICT,
KARNATAKA - 571 401.
3. THE TAHSILDAR,
THASILDAR OFFICE,
MALAVALLI TALUK,
MANDYA DISTRICT - 571 430.
...RESPONDENTS
(BY SRI. K.SHOBHA, HCGP)
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WP No. 8480 of 2022
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO -QUASH THE
ENDORSEMENT DTD 07.10.2021 AS PER ANNEXURE-E TO THE
WRIT PETITION ISSUED BY THE TAHSILDAR, MALAVALLI
TALUK, THE R3 HEREIN DIRECT THE R2 TO CONSIDER THE
REQUESTS MADE BY THE PETITIONER AS PER
COMMUNICATION DATE 03.04.2021 AND 22.06.2021 MADE TO
THE DEPUTY COMMISSIONER, MANDYA DISTRICT PRODUCED
HEREWITH AND MARKED AS ANNEXURE-B AND C
RESPECTIVELY TO THE WRIT PETITION AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri.Venkatesh C. for Sri.C. Shankar Reddy,
learned counsel for the petitioner and learned HCGP for
respondent Nos.1 to 3.
2. The above petition is filed seeking for following
reliefs:-
"a] Issue a Writ of Certiorari or appropriate writ
quashing the endorsement dated 07.10.2021, as per
ANNEXURE 'E' to the writ petition issued by The
Tahsildar, Malavalli Taluk, the Respondent No.3 herein
b] Issue a writ of mandamus or writ of like nature
directing the respondent no.2 to consider the requests
made by the petitioner as per communication dated
03.04.2021 and 22.06.2021 made to the Deputy
commissioner, Mandya District, produced herewith and
marked as ANNEXURE 'B' and ANNEXURE 'C'
respectively to the writ petition.
c] Grant any other suitable agricultural lands to the
petitioner by considering his requests made under Ex-
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WP No. 8480 of 2022
Servicemen Quota as per the prevailing guidelines issued
by the Government in this behalf.
d] Grant such other relief or reliefs that this
honourable court deems fit to grant in the circumstances
of the case to meet the ends of justice."
3. It is the case of the petitioner that he is an ex-
serviceman having served in Indian Army from 13.05.1968
to 01.06.1990 as a Warrant Officer with Service
No.8364094-A and that he has participated in Indo-
Pakistan War in 1971 and he is recipient of medals from
the President of India. It is the case of the petitioner that
after his retirement from service, his wife has passed away
and he is leading a miserable life due to various health
problems with the meagre pension that is being received
by him. That he has no immovable landed property and
hence he applied for grant of agricultural lands from the
Government authorities by the application dated
03.04.2021 and 22.06.2021 made to the respondent No.2
- Deputy Commissioner. That the respondent no.2 vide
letter dated 24.06.2021 written to the respondent No.3
Tahsildar, Malavalli Taluk, directed to conduct an enquiry
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WP No. 8480 of 2022
and submit a report. Although the respondent No.3
Tahsildar found that the petitioner is entitled for grant of
land under the Ex-Serviceman category, without holding
any enquiry and without following the directions issued by
the State Government in Notification bearing No.RD22 LGP
2019 dated 24.06.2021 in respect of grant of land to Ex-
Serviceman, the respondent No.3 - Tahsildar, Malavalli
issued endorsement dated 07.10.2021 (Annexure - F to
the writ petition) stating that there is no land available in
Sy.No.142/31 of Hebbani Village, B.G.Pura Hobli, Malavalli
Taluk for grant of 5 acres to the petitioner. Being
aggrieved by the said endorsement dated 7.10.2021,
present writ petition is filed.
4. Learned counsel for the petitioner contended that
the endorsement dated 07.10.2021 issued by the
respondent No.3 is contrary to the directions contained in
the notification dated 24.06.2021. Elaborating on the
condition of the petitioner, he seeks for allowing the writ
petition and granting of the reliefs sought for therein.
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WP No. 8480 of 2022
5. Learned counsel for the petitioner in support of
his contentions relies on the following judgments:-
"a) Sri.H.N.Jaya Kumar vs. State of
Karnataka and others in W.P.No.26700/2013
along with connected matters dated 25.08.2014;
b) Sri.Rismaj/Honorary vs. State of
Karnataka and others in W.P.No.48872/2019
dated 02.08.2021."
6. Per contra learned AGA justifies the endorsement
dated 07.10.2021 issued by the petitioner and submits
that there is no land available.
7. I have considered the submissions made by both
the learned counsel and perused the material that is
available on record.
8. The question that arises for consideration is,
whether the relief sought for in the writ petition is liable to
be granted?
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WP No. 8480 of 2022
9. The fact that petitioner is an Ex-Servicemen is not
in dispute. The sole ground on which the respondent No.3
- Tahsildar has issued endorsement dated 07.10.2021 is
that there is no land available. The notification dated
24.06.2021 issued by the Government of Karnataka
specifically stipulates procedure to be followed in the event
no land is available in the survey number as requested,
that is, to identify land in another survey number in the
same village or to identify lands in another village for
compliance. The said steps as contemplated in the
notification dated 24.06.2021 have not been undertaken
by the respondent No.3. Hence, relief sought for in the
writ petition is liable to be granted.
10. This Court in the case of Jaya Kumar has
issued elaborate directions as to how the authorities are
required to consider the requests of Ex-Servicemen for
allotment of land in a time bound manner keeping in mind
the contribution of Ex-Servicemen to serve the country. It
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WP No. 8480 of 2022
is clear that the authorities have been oblivious even to
the directions issued by this Court.
11. Hence, I pass the following:-
ORDER
i. The writ petition is allowed.
ii. The endorsement bearing No.Sainika/C.R:02/
2021-22, dated 07.10.2021 (Annexure - E to
the writ petition) issued by the third
respondent, is quashed.
iii. The respondent No.2 is directed to consider the
request of the petitioner and take steps for
grant of land in terms of the notification dated
24.06.2021 as expeditiously as possible in any
event not later than four weeks from the date
of receipt of copy of this order.
No costs.
Sd/-
JUDGE
MH/-
CT:ABS
