D V DEVRAJEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) 14 petitioners, posing as agriculturists and permanent residents of P.Dasapura village, Kasaba Hobli, Chennarayapatna Taluk, Hassan District, have approached this Court "for and on behalf of the villagers of P.Dasapura and public at large". It is specifically averred in the first paragraph of the petition that the petitioners have no individual claim or interest whatsoever in the subject matter of this petition. It is also averred at the outset that land bearing Sy.No.31 and 34 to 40 of P.Dasapura village, measuring 111.2 acres including tank measuring 21 acres 10 guntas is a government land reserved for public purpose, and 44 acres 8 guntas is classified as gomal land and that there are about 680 livestock of different kinds.

(2.) It is alleged by the petitioners with a supporting affidavit that respondent Nos.5 to 12 and several others have encroached on the vast extent of gomal land with an intention to grab it, while all of them are sufficiently owning agricultural land which disentitles them to claim regularization of their unauthorized occupation. It is acknowledged in the petition that respondent Nos.5 to 12 have been approaching Revenue Authorities to enable them to regularize their unauthorised occupation since the year 1991 and litigations are being carried on in the appropriate fora till now. The grievance sought to be voiced in the petition is that, even after rejection of petition in respect of regularization, all the Revenue Authorities have failed to take any action to evict respondent Nos.5 to 12 and representations of the petitioners in that regard have gone in vain.

(3.) Upon the notice being issued to the respondents, affidavits are filed by some of the petitioners, as well as the respondents. It is stated on oath in the statement of objections of respondent Nos.5 to 12, that petitioner No.1 is not residing in P.Dasapura village and all the petitioners have personal interest in the subject matter of the petition, while no public interest as alleged is involved. Infact, petitioner Nos.1, 4, 11, 12, 13 and 14 have filed their own applications in Form No.50 seeking grant of lands in their own names and petitioner Nos.5, 6, 7 and 9 have also filed claims for grants in their favour by application in Form No.50 through their family members. That the petitioner No.1 is the President of Bagur Grama Panchayath since 16.12.2011 and is in active politics.