IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 12'?" DAY OF" OCTOBER 2009
BEFORE
THE HONBLE MR. JUSTICE A S BOPANNA
WRIT PETITION NO. 9340/2008 (E{LR:%R.ES)'~ A I D'
BETWEEN:
SRI. S MUNIYAPPA S/O SWATHAPPA " _
AGED ABOUT 50 YEARS
R/AT YALLUR VILLAGE '
CHANNARAYAPATNA HOBLI
DEVANAHALLITALUK --.
BANGALORE RURAL DISTRICT . " '@._PETITiONER
{BY SRI. T N VISWANATHA,;'_AID§f.V} A A
I THE STATE_OF'E{ARNA'TAf(A
BY ITS CHIEF SECRETARY
, VIDHANA SOUDHA
.» DR. 8. R. AM,I::3EDKAR ROAD
'BANGALORE W 560 001
COMMISSIONER
' -_'BAI'-I_GAlL_ORE RURAL DISTRICT
SHVISSHWARAIAH TOWER
DR. BJR. AMBEDKAR ROAD
BANGAIDRE -- 560 001
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3 THE ASSISTANT COMMISSIONER
DODDABALLAPUR SUB--DIVISION
VISHVESHVVARAIAH TOWER
DR. 133 R AMBEDKAR ROAD
BANGALORE -- 560 00}
4 THE REGULARISATION OF UNAUTIIORISED, '=-
OCCUPATION OF LAND COMMITTEE ,0 _ '
BY ITS SECRETARY/TAHS1LDAR.._ H I
DEVANAHALLI TALUK, DEVAl\IAHALLI' " '
5 SRI. G KANJANAPPA , _
AGED ABOUT 53 YEARS,
S /O G KEMPANNA I
RESIDINC AT YALLYUR VILLAGE
CIIANNARAYAPATNA HOBLI _
DEVANAHALLI TALUK. * I j. _
BANGALORE DISTRICT A ';;;.j'RE:SPONDENTS
(BY SRILK ,ADV;"'EOR R5)
SR1. 'RvKUE'L4\R"H-CGPVAFOR RM)
THIS '.'VRITP.E'fTTiQN...I_S--FILED UNDER ARTICLES 226
& 227 OF THE CONSTITUTIQN OP INDIA. WITH A PRAYER
T0: QUASII INTI-IE 3'MP.U"GNED ORDERD DT. 26.05.2008
PASSED ON F,ILI':2" OF THE LEARNED DEPUTY
COMMISSIONER, BANGALORE RURAL DISTRICT,
BA§IC}.ALORE, VIDE...._ANx-L AND THE IMPUCNED ORDER
DT. 24.06.2005 PASSED ON THE FILE OF' THE LEARNED
fi.SS1S1ANT:"vI. COMMISSIONER, DODDABALLAPUR SUB~
~DII;ISION:;v..VID.EANX--K.
WRIT PETITION COMING ON FOR PRELIMINARY
'-HEARINS-; THIS DAY. THE COURT MADE THE FOLLOWING:
I
'-5
placed before the Regularisation Committee and the
grant was made on 7.7.2003. Along with the petitiorler,
two other persons were also granted ce1tainA...e>«:_tei_1ts of.'
land in the very same survey number vi_d__eE'o.rder'~dated .0
7.7.2003. Thereafter, the
issued in favour of the petitioner.'; The 50$?-tA1*esponije.r1t
herein subsequently in have
questioned the grant.gfig;de the Vbdetttioner by
filing an appea1__before,_ in
N0.LND Assistant
Commissiot1Ve.r::.44h;as made in favour of
the vvas therefore before the
DeputyAtcvorrrmissiorieré':irt"1\i.o.LND.RA 5/2005-06. The
Deptggty Comrnlissioner has aflirmed the order passed by
theAssdistatit-._Commissioner and as such the petitioner
aggrieved by the said orders.
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4. While assailing the said orders, it is contended
that firstly, the appeal filed before the Assistant
Commissioner was hopelessly barred by
aspect of the matter has not been advertled ilt .A
further contended that in any e'-»;.IJen»tl_,:"1}--#§._5t-:r1"
did not have locus--standi to questio_n'~-the grant
was neither an applicant other
right in respect of ' is Hllurther the
contention of the petitioner matter was
considered l_R€Vg1,1la,r'isalloh'lcointnittee, the sketch
and the been noticed and a
mahazéar uras also placed before the
cornrnitteel said records. the committee
haséggranted "*t.hl_elregularisation. In this regard, as
VZagainsts"l:the'«.._Vsaid contention, before the Assistant
was contended that the land in
question 'Was being utilised by the 5'~'h respondent as
itvvwas also contended that it is a forest land. The
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beyond the lands granted to the petitioner and therefore
the land in question was being used as a road. Even on
this aspect of the matter, the Assistant
has not made detailed consideration to___’in.dicAate the _ 2
location of the land to come to the jvsagidilgcionehgslion,’
However, ultimately, the Assistant C’.ommiVssioner:’;has
come to the conclusion thatlth:e1se_lands– in’ijue’stion are
part of the forest putforth
by the petitioner has covnslildpelfation, but has
been decided: ground, even
though such contention
by initiLatinl.gst;gkrnotuliptoceedings. Therefore, even on
that aspect of’ the order of the Assistant
Corntnissioner’ does not indicate proper consideration.
._ noticed this aspect of the matter even
V -V regaglrdto whether the land allotted to the petitioner
uavvithin the forest which was indicated in Sy.No.157
at
nu”
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