Karnataka High Court
Smt. Mary Juje D Souza vs State Of Karnataka on 1 March, 2023
Bench: Chief Justice, Ashok S.Kinagi
-1-
WA No. 172 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF MARCH, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT APPEAL NO. 172 OF 2023 (KLR-RR/SUR)
BETWEEN:
SMT. MARY JUJE D'SOUZA
W/O LATE JUJE D'SOUZA
AGED ABOUT 91 YEARS
AGRICULTURIST
RESIDING NEAR FOREST LODGE,
JOGA-FALLS, SAGAR TALUK
SHIAMOGGA DISTRICT - 511421
Digitally signed ...APPELLANT
by R DEEPA
Location: High
(BY SRI. NAGARAJ S. JAIN, ADVOCATE)
Court of
Karnataka AND:
1. STATE OF KARNATAKA
REP. BY PRINCIPAL SECRETARY
ROOM NO. 505, 5TH FLOOR,
GATE-3, M S BUILDING
DR. B R AMBEDKAR VEEDHI
BANGALORE - 560001
2. DEPUTY COMMISSIONER
SHIVAMOGGA DISTRICT,
SHIVAMOGGA - 577 201
-2-
WA No. 172 of 2023
3. ASSISTANT COMMISSIONER
SAGARA SUB DIVISION
SAGARA
SHIVAMOGGA DISTRICT - 577 401
4. TAHASILDAR
SAGARA TALUK, SAGARA
SHIVAMOGGA DISTRICT - 577 401
5. JOGA MANAGEMENT AUTHORITY
SAGARA,
SHIVAMOGGA DISTRICT - 577 401
REP. BY ITS ASSISTANT DIRECTOR &
JOINT SECRETARY
...RESPONDENTS
(BY SRI. S. RAJASHEKARA, AGA FOR R1 TO R4)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE
THE IMPUGNED ORDER DATED 02/01/2023 SO FAR AS IT
RELATING TO WP NO.25120/2022 AND CONSEQUENTLY
ALLOW THE SAID WRIT PETITION AS PRAYED FOR AND ETC.
THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE, DELIVERED THE FOLLOWING:
JUDGMENT
Heard learned counsel for the appellant.
2. The appellant had filed writ petition in
W.P.No.25120/2022 before this Court. The said writ
petition came up for hearing along with W.P.No.9739/2022
and 24507/2022. Vide order dated 02.01.2023, learned
WA No. 172 of 2023
Single Judge of this Court decided the writ petitions,
including the writ petition of the appellant. The writ
petition of the appellant, namely, W.P.No.25120/2022 and
W.P.No.25407/2022 were dismissed by observing that
these writ petitions are devoid of any merit. Insofar as
the appellant's petition is concerned, learned Single Judge
was pleased to observe that a challenge was raised in the
writ petition to a grant order which was passed in the year
2015, precisely on 17.11.2015. Learned Single Judge by
making reference to certain provisions of the State
Government, arrived at a conclusion that grant order
which was passed on 17.11.2015, was challenged in the
petition which was filed on 12.12.2022. Learned Single
Judge specifically observed in the following words at
clauses (h) & (j):
"(h) xxx There is no plausible explanation
for the delay of about seven years brooked in
approaching the Court. The very delay itself
comes in the way of according relief to the
Petitioner by invalidating this Grant Order. Even
otherwise, the grant is for the larger public
interest which overrides the arguable private
interest of the citizen namely the Petitioner. xxx
WA No. 172 of 2023
(j) xxx If any part of the land in respect of
which the claim for regularization is made, is
situate within the statutorily prescribed distance,
the question of considering the claim would not
arise. However, this is for the Regularization
Committee to examine with the evidentiary
material to be made available by the authorities.
Therefore, no opinion in this regard is expressed
by the Court. xxx"
3. It is brought to the notice of this Court by learned
Additional Government Advocate, on instructions, that the
claim of the appellant for regularization is also now
decided by the said Committee on 31.01.2023, and the
committed rejected the said claim.
4. At this stage, learned counsel for the appellant
submits that an opportunity of hearing was not granted by
the Committee while deciding the application for
regularization.
5. Certainly, this Court cannot go into that issue in
the present appeal and the appellant is at liberty to
challenge the said order of 31.01.2023, by raising the
necessary grounds, if so advised.
WA No. 172 of 2023
6. Learned counsel for the appellant submits that
the order of the Committee is made known to the
appellant today itself, in view of the submission of learned
Additional Government Advocate.
7. In our opinion, the appeal being devoid of any
merit, deserves to be dismissed. We further make it clear
that insofar as the order passed by the Committee dated
31.01.2023, is concerned, the appellant may take
appropriate steps and avail appropriate remedies, in case
the appellant is aggrieved.
With these observations, the appeal is dismissed.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
RD
