H K BASAVARAJU Vs. TAHSILDAR

JUDGEMENT

(1.) THIS is a writ petition filed by the petitioners 1 to 9 under Articles 226 and 227 of the constitution of India seeking direction to issue writ of mandamus directing respondents 1 and 2 to issue Saguvali Chit in respect of the land granted in their favour at Annexures-B to H and also to direct respondent 5 to hand over the possession of the land in Sy. Nos. 41 and 42 of Nidanur village, making way to issue Saguvali Chit in favour of petitioners 1 to 9.

(2.) BRIEF facts of the case are that the petitioners 1 to 9 are the agriculturists and their livelihood is entirely depending on the income derived from their lands. Since the lands of the petitioners 1 to 9 stood merged in Hemavathi Reservoir Project, respondent 4 taking into consideration the fact that the petitioners and others lost their valuable lands consequent upon the construction of the hemavathi Reservoir Project directing to reduce the extent of gomala land for the purpose of livelihood for the persons who lost their lands. Therefore, the lands were granted in favour of the petitioners. Accordingly, respondent 2-Deputy Commissioner issued a notification dated 11-9-1973 under Section 71 of the Karnataka Land Revenue Act, 1964 releasing 677 acres 27 guntas of waste lands which are fit for cultivation and available for disposal in the villages of alur Taluk which are reserved for being granted to the persons whose lands were stood merged. Accordingly, Special Land Acquisition Officer granted the land in the name of petitioners 1 to 9 as shown in Annexures-B to H. Accordingly, the petitioners requested the Tahsildar to issue saguvali Chit and to put them in respect of the lands granted by the Special Land Acquisition officer, but the 1st respondent-Tahsildar failed to issue Saguvali Chit but received endorsement at Annexure-J, dated 30-6-2004 from respondent 2-Deputy Commissioner to the effect that the lands so granted are in possession and enjoyment of the respondent 5-Forest Department and necessary directions from the Central Government is to be taken to release the lands in question ignoring the earlier notification produced by the learned Additional Government Advocate for respondents 1 to 5 as per Annexure-R1. It is the further case of the petitioners that the lands in sy. Nos. 41 and 42 which were already reserved for grant in favour of the petitioners and others. Respondent 5 in connivance with the Revenue Officers managed to improve the lands in Sy. No. 42 which was the forest land. The land in Sy. No. 41 is not a land granted or reserved in favour of respondent 5 as the State has already released and reserved the land for the purpose of granting lands to the persons who have lost their lands. Therefore, the petitioners herein have come up with this writ petition praying to direct respondents 1 and 2 to issue saguvali chit since the lands have already been granted in their favour as per Annexures-B to H.

(3.) HEARD the arguments of learned Counsel for the petitioners and the learned Additional government Advocate for respondents 1 to 5.