Smt K R Soujanya vs Government Of Karnataka
2024 Latest Caselaw 5624 Kant

Karnataka High Court

Smt K R Soujanya vs Government Of Karnataka on 22 February, 2024

Author: R Devdas

Bench: R Devdas

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                                                            NC: 2024:KHC:7483
                                                         WP No. 24176 of 2023




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 22ND DAY OF FEBRUARY, 2024

                                            BEFORE
                              THE HON'BLE MR JUSTICE R DEVDAS
                          WRIT PETITION NO. 24176 OF 2023 (KLR-LG)


                   BETWEEN:

                   SMT. K.R. SOUJANYA,
                   D/O LATE RAMANJANAPPA,
                   AGED ABOUT 32 YEARS,
                   RESIDING AT KEMPAPURA VILLAGE,
                   UGANAWADI POST,
                   DEVANAHALLI TALUK - 562 110,
                   BENGALURU RURAL DISTRICT.
                                                                 ...PETITIONER
                   (BY SRI. A.S. MAHESHA, ADVOCATE)

                   AND:

                   1.    GOVERNMENT OF KARNATAKA,
Digitally signed         BY ITS SECRETARY,
by V KRISHNA             DEPARTMENT OF REVENUE,
Location: High
Court of                 M.S. BUILDING,
Karnataka                BENGALURU - 560 001.

                   2.    THE PRESIDENT,
                         THE REGULARISATION OF
                         UNAUTHORISED OCCUPATION OF
                         LAND COMMITTEE,
                         REPRESENTED BY ITS PRESIDENT,
                         DEVANAHALLI,
                         DEVANAHALLI TALUK - 562 110,
                         BENGALURU RURAL DISTRICT.
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                                        NC: 2024:KHC:7483
                                    WP No. 24176 of 2023




3.   THE SECRETARY /TAHSILDAR
     DEVANAHALLI,
     DEVANAHALLI TALUK - 562 110,
     THE REGULARISATION OF
     UNAUTHORISED OCCUPATION OF
     LAND COMMITTEE,
     BENGALURU RURAL DISTRICT.

4.   THE ASSISTANT COMMISSIONER
     DODDABALLAPUR SUB DIVISION,
     DODDABALLAPUR - 561 203,
     BENGALURU RURAL DISTRICT.
                                          ...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA)

      THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 27.7.2022 VIDE ANNEXURE-G PASSED BY THE 24 AND
34 RESPONDENT REJECTING THE FORM NO.53, PERTAINING
TO THE LAND IN SY.NO.31 MEASURING 1 ACRE 10 GUNTAS
SITUATED AT LINGADHEERA GOLLAHALLI VILLAGE, KUNDANA
HOBLI, DEVANAHALLI TALUK AND ETC.

      THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
                        ORDER

R.DEVDAS J., (ORAL):

The petitioner is aggrieved of the impugned orders

passed by the Committee for regularization of

NC: 2024:KHC:7483

unauthorized occupation which rejected the application

filed by the petitioner on the ground that the land in

question is within the prohibited distance of 18 Kms from

the boundary of the Bruhat Bengaluru Mahanagara Palike.

2. Learned counsel submits that in spite of the

petitioner bringing to the notice of the Assistant

Commissioner before whom an appeal was filed by the

petitioner that the Revenue Inspector of Kundana Hobli,

Devanahalli Taluk had given a report that the land in

question is about 35 Kms away from the Bruhat Bengaluru

Mahanagara Palike, the Assistant Commissioner has not

paid attention to the said aspect.

3. In the considered opinion of this Court, the

Assistant Commissioner was required to make a factual

finding as to whether the land in question is within the

prohibited distance from the boundary of Bruhat Bengaluru

Mahanagara Palike. Moreover, the Assistant Commissioner

is required to take note of the judgments of this Court in

the case of Sri. ASHWATHAPPA & ORS Vs. THE STATE

NC: 2024:KHC:7483

OF KARNATAKA & ORS in WP.No.2411/2022 dated

18.02.2022 that the distance between the land and the

boundary of the local authority shall be measured as per

the geographical jurisdiction of the local authority as it was

on the date of the application filed by the petitioner. In the

present case the application was filed on 05.12.1998.

Therefore, the Assistant Commissioner has to first verify

from the records as to what was the geographical

jurisdiction of the then Bengaluru Mahanagara Palike as on

the date of the application and thereafter measure the

distance from the boundary as it was at that point of time.

The actual finding not having been made by the Assistant

Commissioner, the impugned order is required to be set-

aside.

Consequently, the writ petition is allowed.

The impugned order dated 22.09.2023 passed by the

Assistant Commissioner, Doddaballapura Sub-Division,

Doddaballapura is hereby quashed and set-aside.

NC: 2024:KHC:7483

The matter is remitted back to the Assistant

Commissioner to make a factual finding of the distance

between the land in question and the boundary of the then

Bengaluru Mahanagara Palike as on 05.12.1998 and

thereafter pass necessary orders on the appeal filed by the

petitioner.

Sd/-

JUDGE

PK CT: BHK