GUBBI NANJUNDESHWARA GUDDAGADU Vs. THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KARNATAKA AND ORS.

JUDGEMENT

(1.) THE petitioner institution has filed the above petition to quash the order dated 7.5.2015 passed by the 2nd respondent in No. Bhoomi:Vahi -61:2013 -14 and direct the respondents not to cause obstruction to existing school by name Sri Gubbi Nanjundeshwara Gramma Prouda Shala, Uppumsi -Somasagara, Hanagal Taluk, Haven District, constructed in Sy. No. 32 of Somasagara village, Hanagal Taluk, Haven District.

(2.) IT is the case of the petitioner/Society that it was registered under the Karnataka Societies Registration Act, 1960, with an object of imparting education in the rural area of Hanagal Taluk, Haven District, and the petitioner has obtained permission to commence the Kannada Medium High School at Somasagara village, Hanagal Taluk, Haven District, from the academic year 1989 -1990 from the erstwhile Zilla Parishad, Dharwad. The Society started constructing the building in the land bearing Sy. No. 32 of Somasagara village, which is a "Mafatgayarana" (Government Hullugavalu). The said land is totally measuring 87 acres 17 guntas which is a mafat gayarana land belonging to the 1st respondent, out of which an extent of 2 acres land is being utilised for the purpose of establishing school building after due permission of the respondents Grama Panchayat, Somasagara.

(3.) IT is submitted that the petitioner has filed application on 15.10.2014 before the 2nd respondent for grant of 3 acres of land in R.S. No. 32 of Somasagara village, Hanagal Taluk, on which the present school building and playground are in existence and requested to grant the said land in favour of Sri. Gubbi Nanjundeshwara Rural High School, Uppunase -Somasagar. During the pendency of the said application, the respondent -2/Deputy Commissioner, has issued the impugned order dated 7.5.2015 holding that the petitioner -society is in unauthorised occupation of the Government land to an extent of 3 acres in R.S. No. 32 of Somasagara village and have constructed the present school building unauthorisedly on the said land and therefore, exercising his powers under Section 104 of the Karnataka Land Revenue Act, 1964, directed the Tahasildar, Hanagal, to take action to evict the petitioner -institution and forfeit the existing school building to the State Government. Therefore, the petitioner is before this Court.