2 j Th1§"'A.g§iat:§§14'1t Commissioner
'A M s Thjmma Raddy
Ill ma: man comm' or mnnxruu AT L
Dated this the 8"" day of iv
BEFORE" V %% A % .
mm Holrnu: am. 1;
Writ Petition No.
BETWEEN :
Sri G STh.im1na1 «Raddy...---';--_ '
Son ofsidda Reézldyj *
'.72 yuan-3 .... "
I. D. Halli vmage" -- .. . _
Mar1hu--gm'ra1uk A
'I'Lu:nkurDist:ict- -- V " ...Pe11'tioner
% % (By%:,¢*ri%Iv.s'%sa:ajAyé. Gowda, Advocatn-)
' Dt:})i1t5 ?"C;ciInn3issi4Jner
Madhugjii Sub-D1v1s1o' ' ' 11
.' "FIV1'i;-Q 'fahsildar
MadhugiriTa1uk
' "'Madhugiri
Son of Somaiah, Major
pf {D 1 acre 6 guntas. Aocorciing him,
Vc1as§1:s§g.¥<ag' Khamb land. The petitioner had
Vsvsmgk the Gcvernmcmt land. He says it is a
A ..jI'11véi'%forc, he: approached the Tahsildar seeking grant
use water fiwom the borcwell which he had sunk in
~*'G;3rvcrnmcnt land. As per Annexure-A, the Tahsildar
to act under Chapter VII (A) which contains Section
QOIA) and is). granted the permission sought for. The same
I D Halli Viilage
Madhug1r1Taluk V
Tumlmr Distnct ...R€S}}0I1d€1"i'i";:§-- .. ix, b
(By an R Kumar. HCGP 12-§fR1_:,i¢';VR3T; * " ' .
Sri Harish H.V., Advc-cat: for R4) _ "
This Writ Petition is filed undér..A.rtViclcs "226 and} 227 of
the Constitufion of India, ,pI'aying"'t0 _quas_h fl1B ()I'd'éI' dated
29~1~200'7 passed by the! réapoz-gdeggtehi' No.7] 200506
and this order damd 7--2~2005' by the?" 17csponcicnt--2 and
the order dated 28-100003 pg;éa¢dvby,.t31e'~;u:s;s;;~:ident*3 in [RR
N0.6]03-G4 (Annéxu._ms_¢F, arid-{J 1;eSp:%§:tive1y}'.
This Writ .P;=.}:i" Q11 fo1§f«'_pxx3}i1£i11a1y hearing this
day, the Court the
The pefi fic2j¢1*is;fIaé~. §Vuvrf£ér of land bearing Sy.No.224/1
a land bearing Sy.No.248 which is
H/,
was challenged before the Deputy Commissioner, ~
the said permission and remanded the ignstter _-- 'A V'
find out whether the use of water by :the
dwindling of the under gzotmd wsterit 1
Tahsiidar without getting any er liwithout
considering the aforesaid q1ie"3f.iioni_;.o;i t}1stHit is not
" in the interest of puiiiie to rejected the
request. Aggie-ved' preferred an
appeal to the size} also dismissed the
appeal. the older to the Deputy
C1omm1'ssio:ii:tr laise e fate. Agmttev' ed by these
orders, the petitimier is 'ibis Court.
A for the petitioner assaiiing the
that A1mexmes--A and B, the onsier of
i Demiiy conferred a right on the petitioner to
jv»-get'-~tlie[ wa":¢;~'% fimn the boreweii in the Government land. if
ifiater fmm the said borewell did not in any way affect
V. SCIIIICC ef water. The authorities without fiving any
on that aspect in spite of direction from the Deputy
S Commissioner committed serious eztmr in rejecting his request
§ .
Thercfom. he submits that the iznpugneud order
quashed.
3. The leamaci Counsc1vi'1;.1j_.tht:«'f~z2§'jinntie:1fM'
the impumcd order.
4. Section v90(A) way of
amendment by 5% 'of into force fivom
13.05.1986
. It water Course through
land bcionggihg §fi5:£>vides that if the State:
Govcznmcnfof a or any person ticsims to
construct _ a “fake water for the purpose of
a of water to which he or the State
AtGVcg\rt::f&1V11;1c;1’£.A__(:)’z’ farm is cntiflsd, but such water course is
V to any land which belongs to, or is in
($”§:’.,Av.aéj’1;)tI1e:r person, and if no private agecment is
Vat_’foV1V*”‘such consttrucfioxt between the applicant and the
hokicr, the person desiring to construct the water
Vj may make an appliamtion in the prescribed form to the
Cm recx;-,ipt of application, after following the
.. L;L/,.
in ;i@ora11<::c of law on the point, purporting
" £5 under Section gcam) had granted permission.
«i)cputy Commissioner, ire 8139531. though set aside:
% 1% pexmissrieza, was not fully aware of the real impact of
provision. He seems to th;i11k that if draw:m' g czrf water
pmcadum prescxibed under the said provision,
has been vested with the power to g1'ant;s1;:::h
5. Thcrcfom, it is tfié”
that if an applicant is enfifjad to {mm A in
order to take that water 11: use the land of
another person and that anptlfigaq to grant him
permission, he for necsessaxy
pcrm1s’ sion “person. It has no
appficafiog source from which
petitioner ;’ s ‘in the Government Iand.
According to }iim_ b3r has dug the boreweli in the
because he has dug borcwell in a
.(}z>vcAIi1r:1:c;1t. vA_land,A hc_gets no right to the water which lawfiflly
beiongs’-Ttg.*Go§e;nx;3;ea:’g 1.5., public. The Tahsildar in the first
from the such amlrce which lies in the Grovt:1°11Inc11t.–A”:i:
even by the Deputy (lommissiozataég it-zmand.
luckily, the autholities hav::;.. éppfiu%d __a:nd have found
out that no such it would be
against the ;i11t:::ve_V_-‘,’V:=341: };vvfi’.”‘V:,11.v1;”{3’}i<;9.;_ k they have
rejected the ,
6. ffir the petitioner contends
that a vaiuablé }1-:i gl1*t figs in View of Anna-x11ms-A
B. oficials can confer any right to any
imgiviguax jfimt time. The authorities can up hair! a
or any person has under statute. If
statiibz-:. got give a right. the authoxifies cannot confer
.1¥§é.rcly because Anna:-mres-A and B are passed by
V and Deputy Commissioner giving some benefit to
h pcfifioncr, this Court cannot up hold the said right which is
‘wiihout any legal basis and which is catmtrazy to law. As the
M/..
ixnpugnad orders are passed in pubiic interest .
a<::cordan<:¢ with law, the petitioner is 1191: entitlati' 'ts:[§2a1ijrV:r61it3£_ '4 " "
sought for in this writ petition. More a9veIj-,~
this Court xwt only decides the of’
supervises the way the flgnction.
Tiacneforc, in pursuance #1″ power
under Section 90–A izfthc and
by misconcepfion if fhc has made:
some as per An11cxuIc~B, when it hatéffié take note of said orders wifibh " . statutoxy provisions and
statute. VJl:1e:1.{“I’.12Vc”zsteV3:*if11i’ti_b’c$<3-Ifflifers no fight on the petitioner,
autifisfifiés Vhavch rcjactad the request. There is no
orders which call for interference.
. petition is rejected. Sd/-» Judge