P. RAMAKRISHNA S/O LATE PULLAPPA AND V. VENKATACHALAPATHY S/O VENKATARAMANAPPA Vs. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THE SPECIAL DEPUTY COMMISSIONER, MATHA AMRUTANANDAMAYI MATHA TRUST BY ITS SECRETARY/AUT

JUDGEMENT

(1.) THE Petitioners have filed this public interest petition assailing the grant of gomal land in Sy. No. 26 and 27 of Kasavanahalli village, Varthur Hobli, Bangalore South Taluk in favour of Respondent Nos. 3 and 4. By the impugned orders, the Special Deputy Commissioner has granted an extent of 22 acres and 23 guntas in favour of the third Respondent, while the fourth Respondent has been granted an extent measuring 20 acres 6 guntas.

(2.) THE Petitioners, claiming to be agriculturists and residents of the said village, contend that the village consists of more than 500 families and there are 1500 heads of cattle and about 1000 sheep and 300 goats depending on the gomal land for the purpose of grazing. It is therefore contended that there is no Government land available in the said village, to be granted for any public purpose and despite the said fact, the Respondent Nos. 3 and 4 who are outsiders to the area have obtained grant of the valuable lands. The grant in favour of Respondent No. 3 was approved to be made at the concessional rate of Rs. 1,50,000/ - per acre and insofar as Respondent No. 4, it was at Rs. 1,60,000/ - per acre. The said lands have thereafter been granted in favour of the Respondent Nos. 3 and 4 vide Annexures -B and F respectively. The Petitioners are therefore seeking to assail the same.

(3.) THE Respondent Nos. 3 and 4 have also filed their respective objection statement. Respondent No. 3 contends that it is a registered Public Charitable Trust and the activities of the Trust is referred to in detail. It is their contention that the Government after examining ail aspects of the matter and in due compliance of the procedure required to be followed in law has granted the land. The manner of utilization of the land is also adverted to in detail. Respondent No. 4 contends that it is a society registered under the Karnataka Societies Registration Act and is established on 24.09.1925. The said Respondent has also referred to procedure followed by the Government for allotment. It has further referred to the activities of the society and the manner in which the allotted land is being used for the benefit of the public. The said Respondent has also referred to the unsuccessful attempt by certain other persons in challenging the grant in their favour.