K P ACHARYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this petition the point to be considered is the interpretation of Sections 69 and 71 of the Karnataka Land Revenue Act, 1964, read with Rule 97(4) of the Karnataka Land Revenue Rules, 1965, coupled with the Circular issued by the Government in No. RD. 76 LGP 88 dated 14-10-1988 at Anncxurc-A and the subsequent modified circular dated 27-12-1989.

(2.) The petitioner who is the resident of Kaup village of Dakshina Kannada District has filed this petition for and on behalf of himself and other villagers seeking for the following reliefs: (a) declare the Circular dated 27-12-1989 in No.RD 76. LGP.88 issued by the respondent under AnnexureB as ultra vires the provisions of the Constitution of India and provisions of the Land Revenue Act of 1964 and the Rules framed thereunder; (b) to issue a writ in the nature of a writ of mandamus or such other appropriate writ, order or direction to the respondent not to give effect to the circular under Annexure-B; (c) to issue a writ in the nature of a writ of mandamus or such other appropriate writ, order or direction directing the respondent to direct all its subordinate officers not to act upon Circular 'B', and; (d) pass such other appropriate orders to meet the ends of justice." The petitioner contended that by Circular at Annexure-B, the Government intended to take away the powers conferred on the Deputy Commissioner of the district in respect of Gomal lands which are admittedly the properties of the Mandal Panchayat. By such circular the right of all the villagers to graze their cattle in the said gomal land will be deprived of. Thus, indirectly it, affecting the rights of the villagers which they are using the public property.

(3.) It is the case of the petitioner that the circular at Annexure-B is in direct contravention of Sections 69 and 71 of the Act. Section 69 of the Act reads as follows: "Section 69-Disposal of lands or other property belonging to State Government under Section 67. Subject to such rules as may be made in this behalf, the State Government, the Divisional Commissioner, the Deputy Commissioner, the Assistant Commissioner incharge of a Taluk or Taluks and the Tahsildar, may dispose of land or other property belonging to the State Government under Section 67 or otherwise, for purposes of agriculture, industry or any public utility and subject to the provisions of Chapter XII for the construction of buildings." Section 71 of the Act reads as follows: "Section 71.Lands may be assigned for special purposes and when assigned, shall not be otherwise used without sanction of the Deputy Commissioner. Subject to the general orders of the State Government, Survey Officers, whilst survey operations are proceedings under this Act, and at any other time, the Deputy Commissioner, may set apart lands, which are the property of the State Government and not in the lawful occupation of any person or aggregate of persons in any village OF portions of a village, for forest reserves or for any other public purpose; and lands assigned specially for any such purpose shall not be otherwise used without the sanction of the Deputy Commissioner, and in the disposal of lands under Section 69 due regard shall be had to all such special assignments." Rule 97 of the Rules reads as follows: "Rule 97.Providing free pasturage. (1) Government land shall be set apart for free pasturage for the cattle of each village at the rate of twelve hectares for every hundred heads of cattle. Explanation:In calculation the heads of cattle for goats, sheep or calves or cow or buffalo shall be taken as equivalent to one head of cattle. (2) If there is sufficient various area in the village concerned or in the adjoining village to enable the village cattle to graze, the area to be set apart as free pasturage may be reduced correspondingly. (3) If there is any grazing land available in a village, or the land available falls short of the extent prescribed under sub-rule (1) the deficit may be made up by setting apart Government land available in the adjacent village. (4) The Deputy Commissioner shall determine the extent of land necessary to be set apart for free pasturage in any village. If in the opinion of the Deputy Commissioner the extent of pasturage should exceed the minimum prescribed in sub-rule (1) he may so set apart such larger extent as may be necessary. If on the contrary he considers that the area already so set apart lies much larger than what is really required he may reduce it to the prescribed minimum. Where, he considers that the extent of free pasturage may be reduced below the prescribed limit, he should do so only after obtaining the prior permission of the Divisional Commissioner."