RAVINDRA R. GHORPADE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is an ex-service man. He was granted 10 acres of land in Sy.No.39 of Huralihalli Village, Shivamogga Taluk. He was put in possession of said land and he was in cultivation of the same. Subsequently, the grant was sought to be cancelled on the ground that the land granted was a forest land. The petitioner requested for grant of alternative land. In this regard, he filed W.P.No.18184/2013 and the Authorities were directed to provide the petitioner an alternative land within a reasonable period. As the alternative land was not granted, again petitioner filed W.P.No.14673/2016 and here also the Government was directed to consider the case of the petitioner. Again the land was not granted. Hence, petitioner preferred W.P.No.53197/2018 and the Court directed the Authorities to consider the case of the petitioner again. As the same was not considered, petitioner filed C.C.C.No.1092/2019. During the pendency of the same, petitioner was granted 5 acres of land, on the said ground, the contempt was closed. However, later the said allotment was also cancelled and the petitioner has been granted 4 acres of land in Sy.No.9 of Rampur Village, Shivamogga Taluk. Not satisfied by the same, the petitioner has filed the instant writ petition with a prayer to direct the Authorities for grant of 10 acres of land.

(2.) The learned HCGP appearing for respondent Nos.1 to 4 submits that as per Rule 7 of the Karnataka Land Grant Rules, 1969, (for short 'the Rules), the Deputy Commissioner is competent to grant land not exceeding two hectares of dry land or one hectare of wet land and the petitioner has been granted 4 acres of land accordingly. It is submitted that the petitioner is not entitled to any additional grant and it is prayed that the writ petition be dismissed.

(3.) In case of a fresh grant, as rightly contended by the learned HCGP, as per Rule 7 of the Rules, the Deputy Commissioner is competent to grant lands for agricultural purposes to an extent of 2 hectares of dry land or 1 hectare of wet land. However, the case on hand, is different.