Mahadevaiah @ Mahadeva vs The Tahsildar & Ors.

The petitioner herein is seeking mandamus to regularise his so-called unauthorised cultivation of the land in Survey No.199 of Sugganahalli

Village, Kasab Hobli, Ramanagara Taluk.

Admittedly, the land bearing Survey No.199 of Sugganahalli Village is a Government gomal land. There cannot be any unauthorized cultivation

in gomal land. Therefore, the question of regularizing the so-called unauthorised cultivation in gomal land does not arise unless the same is reduced

from pasturage and given to the Revenue Department to distribute the same to the landless people. In the given case, there is nothing on record to

demonstrate that the said procedure has been done in respect of Survey No.199 of Sugganahalli Village.

It is stated, that two Writ Petitions were filed earlier by the very same petitioner in W.P.No.2162/2002 and W.P.No.3115/2002, which came

to be rejected by this Court by order dated 20.2.2002 which is at Annexure - G, by observing that since the petitioner is an ex-Serviceman and

also belonged to SC community, his application may be considered in accordance with law, provided, he is entitled to the same under the said

provisions.

It is seen that another Writ Petition is filed by the petitioner in W.P.No.11469/09 wherein again he has sought for regularisation of unauthorised

cultivation of very same land which is disposed of on 7.8.2009 with a direction to the authorities to dispose of his application by passing

appropriate orders, within three months.

Thereafter, the petitioner has filed another Writ Petition in W.P.No.22527/2013 which came to be disposed of on 18.7.2014 wherein the co-

ordinate Bench of this Court observed that the application filed by him is already disposed of vide endorsement dated 24.5.2011 on the ground

that the land which he is seeking for grant in his favour is earmarked for grazing cattle. The said fact is also supported by revenue records, RTC

extracts and other documents which were produced in the said petition. However, while disposing of the said Writ Petition, the co-ordinate Bench

of this Court would observe that the petitioner sought permission to prefer an appeal challenging the said endorsement before the competent

authority, which was accorded to him. It is seen that there is nothing on record to show that he has approached appellate authority in challenging

the endorsement issued on 24.5.2011. In stead of that, the petitioner, without bringing the same to the notice of this Court, files present Writ

Petition seeking mandamus to respondent Nos. 1 to 5 to consider his prayer for regularization of unauthorized cultivation of the land measuring to

an extent of 4 acres in Survey No.199 of Sugganahalli Village.

Heard the learned counsel for the petitioner as well as the learned Government Advocate appearing for the respondent - State.

On going through the materials available on record, it is seen that the land bearing Survey No. 199 of Sugganahalli Village is Government gomal

land which is earmarked for grazing cattle. Therefore any person cultivating the same unauthorisedly, does not arise. Even otherwise, when the

grant is sought in the said Survey No.199 without any extent of the land in the said Survey number is reduced to agricultural purpose, grant of same

cannot be considered either in favour of the petitioner or anybody else.

However, in this present petition, the learned counsel for the petitioner tried to rely upon the notification in No.RD.37.LGP 2016 dated

28.1.2017 which is with reference to an amendment to Rule 97 of the Karnataka Land Revenue Rules, 1966 for reducing the lands ear marked for

gomal if they are found to have lost its characteristic of pasturage, to be used for other purpose. In the instant case, there is nothing on record to

show that the land in Survey No.199 of Sugganahalli village has lost the characteristic of gomal land. In that view of the matter, by relying upon the

notification at Annexure-N, no direction can be issued to the respondents to consider grant of 4 acres in the Government gomal land to the

petitioner even before the same is reduced from pasturage to revenue land to be utilized as cultivable land. In that view of the matter, the prayer

sought in the Writ Petition cannot be considered.

Accordingly, the Writ Petition is dismissed.