ASHRAYA KARNATAKA STATE SHREE SHAKTHI SEVASTRAMA TRUST (R) Vs. THE TAHSILDAR, BANGALORE SOUTH TALUK AND ORS.

JUDGEMENT

(1.) The petitioner has filed the present writ petition seeking to quash the order dated 24-8-2012 passed by the first respondent-Tahsildar, Bangalore South Taluk, Bangalore whereby the petitioner is directed to vacate the land which is in its un-authorised occupation to the extent of 19.5 guntas in Sy. No. 28 of Muddaiahnapalya Village, Tavarekere Hobli, Bangalore South Taluk. The facts in brief are that the petitioner is in un-authorised occupation of 19.5 guntas of land in the aforesaid land wherein the petitioner has constructed asbestos sheet house to run a Charitable Trust in certain extent and rest of the land is utilized for playground and other cultural activities and growing vegetables and flowers. The petitioner sought for regularisation and to develop the same for social activities to look after the orphan children by filing representation before the Deputy Commissioner.

(2.) The petitioner submits that the application for regularisation is pending consideration by the Deputy Commissioner. In the meanwhile, the Tahsildar has ordered for eviction under Section 94(3) and 94(4) of the Karnataka Land Revenue Act, 1964 and further ordered to keep in abeyance the application of the petitioner for regularisation. Hence the petitioner has filed the present writ petition seeking to quash the order passed by the Tahsildar.

(3.) The learned High Court Government Pleader represented respondents 1 and 2 and filed statement of objections contending that the petitioner has filed proper application before the Deputy Commissioner. Admittedly, the petitioner is in un-authorised occupation of the land in question. The land is within 10 k.ms. from the limits of B.B.M.P. and as such the said land cannot be granted under the provisions of Section 94-A of the Karnataka Land Revenue Act, 1964 and the Karnataka Land Revenue Rules, 1966 thereunder. Under the provisions of Section 192-A of the Karnataka Land Revenue Act, 1964, any person, who unlawfully enters or occupies on any Government land with the intention of holding the Government land shall be liable for penal action and such person liable to be evicted from such unauthorised occupation/encroachment of the Government land. Therefore, there is no illegality in the impugned order and the writ petition is liable to be rejected.