Case Note & Summary
The petitioner, Sri T. Nagappa, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the order dated 11.06.2012 passed by the Deputy Commissioner, Davanagere Sub-Division (fourth respondent) in proceedings No. ULND/CR/135/2003-04. The impugned order was passed after an enquiry conducted by the fourth respondent pursuant to a direction issued by a Coordinate Bench of this Court in W.P.No.13549 of 2005 (KLR-RES) dated 13.03.2007. The Deputy Commissioner held that the land bearing Sy.No.123/3 is 'B' kharab land as reflected in Akarbandh, and therefore, it is reserved for public purpose under Rule 21(2) of the Karnataka Land Revenue Rules, 1966. Consequently, the land cannot be considered for regularization of unauthorized cultivation by any person. The petitioner sought to quash this order. The court, after considering the matter, dismissed the writ petition, upholding the order of the Deputy Commissioner. The court found no merit in the petition and affirmed that the land is 'B' kharab land reserved for public purpose, and thus cannot be regularized for unauthorized cultivation.
Headnote
A) Land Revenue - Classification of Land - 'B' Kharab Land - Rule 21(2) of Karnataka Land Revenue Rules, 1966 - The petitioner challenged the order of the Deputy Commissioner classifying the land as 'B' kharab land reserved for public purpose. The court held that the land is 'B' kharab land as per Akarbandh and cannot be regularized for unauthorized cultivation. (Paras 2-3)
B) Land Revenue - Regularization of Unauthorized Cultivation - 'B' Kharab Land - Rule 21(2) of Karnataka Land Revenue Rules, 1966 - The court held that 'B' kharab land is reserved for public purpose and cannot be considered for regularization of unauthorized cultivation by any person. (Para 2)
Issue of Consideration
Whether the land bearing Sy.No.123/3 is 'B' kharab land reserved for public purpose and whether the order of the Deputy Commissioner classifying it as such is valid
Final Decision
The writ petition is dismissed. The order of the Deputy Commissioner dated 11.06.2012 is upheld.
Law Points
- Land classification as 'B' kharab land is reserved for public purpose under Rule 21(2) of Karnataka Land Revenue Rules
- 1966
- cannot be regularized for unauthorized cultivation
Case Details
2019 LawText (KAR) (11) 15
Writ Petition No.29973 of 2012 (KLR-RR/SUR)
R.A. Devanand (for petitioner), T.S. Mahantesh (AGA for R3 & R4)
Sri Abdul Gafoor Sab, Sri H.M. Maralu Siddappa, The Assistant Commissioner, Davanagere Sub-Division, The Deputy Commissioner, Davanagere Sub-Division
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Nature of Litigation
Writ petition challenging the order of the Deputy Commissioner classifying land as 'B' kharab land reserved for public purpose
Remedy Sought
Quashing of the order dated 11.06.2012 passed by the fourth respondent (Deputy Commissioner)
Filing Reason
The petitioner was aggrieved by the order classifying the land as 'B' kharab land and reserving it for public purpose, thereby preventing regularization of unauthorized cultivation
Previous Decisions
The impugned order was passed after an enquiry pursuant to a direction in W.P.No.13549 of 2005 (KLR-RES) dated 13.03.2007
Issues
Whether the land bearing Sy.No.123/3 is 'B' kharab land reserved for public purpose under Rule 21(2) of Karnataka Land Revenue Rules, 1966
Whether the order of the Deputy Commissioner classifying the land as 'B' kharab land is valid and sustainable
Submissions/Arguments
Petitioner argued that the order classifying the land as 'B' kharab land is erroneous and should be quashed
Respondents (State) supported the order, contending that the land is 'B' kharab land as per Akarbandh and reserved for public purpose
Ratio Decidendi
Land classified as 'B' kharab land in Akarbandh is reserved for public purpose under Rule 21(2) of Karnataka Land Revenue Rules, 1966, and cannot be regularized for unauthorized cultivation by any person.
Judgment Excerpts
The order impugned is passed after an enquiry being conducted by the fourth respondent pursuant to a direction issued by the Co-ordinate Bench of this Court in W.P.No.13549 of 2005 (KLR-RES) dated 13th March, 2007.
The order impugned is passed in holding that the land bearing Sy.No.123/3 is ‘B’ kharab land as reflected in Akarbandh. Hence, the same is reserved for public purpose under Rule 21(2) of the Karnataka Land Revenue Rules, 1966. As such, the same cannot be considered for regularization of unauthorized cultivation by any person and any person.
Procedural History
The petitioner filed W.P.No.29973 of 2012 challenging the order of the Deputy Commissioner dated 11.06.2012. The impugned order was passed after an enquiry directed by the Coordinate Bench in W.P.No.13549 of 2005 dated 13.03.2007. The writ petition came up for preliminary hearing in 'B' group and was dismissed on 04.11.2019.
Acts & Sections
- Karnataka Land Revenue Rules, 1966: Rule 21(2)
