TALUK KRISHIKA SAMAJA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS writ petition is sought to be filed in public interest, assailing the order dated 19-1-2013, passed by the Deputy Commissioner, Shimoga. A prayer is also sought against the respondents, restraining them from in any manner utilising the land in possession of the Horticultural Research Station, Theerthahalli for any other purpose.

(2.) BY a Government Order dated 12-12-2007, a total extent of 42.30 acres out of 43.33 acres in Sy.No.120 (old No.87) of Yedehalli Village, Theerthahalli Taluk, Shimoga District of Seebinakere Horticultural Region, was transferred to the Agricultural University, Bangalore, to establish an Area Research Station. The possession of the said land was handed over to the Agricultural University, Bangalore, on 1-1-2008. Thereafter, this land has come under the jurisdiction of a composite Horticultural University, Bagalkot. An extent of 1 acre 3 guntas in Sy.No.120 was granted to the Director, Karnataka Department of Fire and Emergency Services. When the matter stood thus, the 7th respondent-District and Sessions Judge, Shimoga, by letter dated 16-10-2012, sought grant of land for construction of a Court Complex in Theerthahalli and an extent of three Acres in Sy.No.120 has been regranted for construction of Court Complex by order dated 19-1-2013 passed by the Deputy Commissioner, Shimoga District, which is assailed in this writ petition.

(3.) IN support of his submission, learned Counsel for the petitioner has relied upon three decisions of the Hon 'ble Supreme Court.