B VEERANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) this is a public litigation writ petition under articles 226 and 227 of the Constitution of india, in which the petitioners have challenged the action taken by the respondents and have sought for a writ of mandamus directing the respondents 1 to 3: (1) not to convert the gomal land and form sites in sy. No. 19 at bidalota village, holuvanahalli hobli, koratagere taluk, measuring 30 acres 19 guntas and to grant such other relief as deemed fit in the circumstances of the case, and in the interest of justice. The brief facts of the case are as follows : sy. No. 19 of bidalota village measures about 30 acres 19 guntas. It is stated that there is a large number of population in the village bidalota with a large number of cattle. The land in question was earmarked as gomal to wit, to graze the cattle of the village. To demonstrate this, index of lands, Annexure-A is produced, wherein it is mentioned that the competent authority by its order dated 24.4.1947 in proceedings No. 493-168/46-47 reserved this land with a gokatte to be made use of by the villagers for grazing their cattle.

(2.) the grievance of the petitioners is that the state government under the scheme known as "ashraya" launched in the name of late suit. Indira gandhi distributed hakpatras in the names of several persons in the village in respect of sites to be formed in the land is question and that, according to them, if the land is converted into house sites, the very purpose for which it was reserved would be defeated. Hence this petition.

(3.) learned counsel for the petitioners placed reliance upon the Provisions of Section 71 of the Karnataka land revenue Act, 1964 ('the act' for short) read with Rule 97 (4) of the rules, framed thereunder. He placed reliance upon two decisions of this court in support of the writ petition : 1. 1976 (1) kar. L.j. 380, Manjunatha v State of Karnataka; 2. In Javare Gowda v Divisional Commissioner, W.P. No. 2708/1974, disposed on 28-6-1976.