CHANDRASHEKARA REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel Sri.Kempanna for petitioner and learned High Court Government Pleader for respondents. Perused the writ petition papers.

(2.) Learned counsel for the petitioner would submit that the petitioner is before this Court praying for a writ of certiorari to quash Annexure-S - communication from second respondent to third respondent dtd. 26/11/2015 returning the proposal for grant of land in Sy.No.47 to an extent of 10 acres situated at Mahanthalingapura village, Jigani Hobli, Anekal Taluk, on the ground that the land in question is within the radius of 18 Kms. from Bruhath Bengaluru Mahanagara Palike ("BBMP" for short) boundary. Learned counsel for the petitioner would submit that the petitioner, an Ex-Military personnel submitted an application for grant of agricultural land to an extent of 10 acres situated Mahanthalingapura village, Jigani Hobli, Anekal Taluk on 19/9/1995. The petitioner's application was considered, sketch was prepared by the Assistant Director of Land Records and proposal for approval was forwarded to the second respondent. The second respondent, under Annexure-S/Communication dtd. 26/11/2015 returned the proposal on the ground that there is no provision to grant land, as the land sought for by the petitioner is within 18 Kms. from the radius of BMP limits. Learned counsel would submit that the land in question is more than 25 Kms., from the limits of BMP limits and on the said ground the second respondent could not have returned the proposal.

(3.) Learned High Court Government Pleader referring to the statement of objections filed on behalf of the State submits that the distance is to be measured in terms of the Government Order dtd. 18/9/2014 and 25/10/2018.