IQBAL AHMED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A writ of mandamus cannot be issued based on recommendations made whether by a higher authority or a lower authority to a particular authority to whom a mandamus is sought for to grant any government land, on the basis of such recommendations. As to whether the writ Petitioners are in unauthorized occupation of 7 guntas of land in Sy. No. 28 of Tumkur Taluk, since the year 1965-66 as asserted in the writ petitions or otherwise, are all not matters for examination by this Court at this point of time in writ petitions filed in the year 2011.

(2.) Whether any government land in unauthorized occupation, requires to be granted in favour of the person in unauthorized occupation to regularize the cultivation is a matter left to the owner of the land - the State Government and on behalf of the State Government such functionaries or the statutory authorities who might have been conferred with such powers.

(3.) Writ jurisdiction is exercised only in favour of persons who approach this Court with diligence, with bona fides and whose rights are affected by some arbitrary, unreasonable, law violating manner of functioning or passing of orders by any administrative authority or a statutory authority.