SMT KEMPAMMA.R Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are the villagers of Shivanapura and Thimmabovipalya villages in Dasanapura Hobli, Bangalore North Taluk. They have approached this Court challenging the order passed by 3rd respondent - Deputy Commissioner, Bangalore Urban District, Bangalore on 26.11.2016 vide Annexure-E exercising his power under Section 71 of the Karnataka Land Revenue Act, 1964 (for short 'the Act') thereby de-reserving an extent of 2 acres 20 guntas of land comprised in Sy.No.116 earmarked as government gomal land for the purpose of allotment in favour of siteless persons of the village under "Ashraya Vajpayee Housing Scheme".

(2.) Main grievance made by petitioners is that land in question totally measuring 3 acres is the only land available for pasturage for the villagers to graze their cattle. As per the report of the Veterinary Medical Officer of Makali Village, Bangalore North Taluk, total number of cattle heads available was 321, 59 sheep and 168 goats, totally 548. Copy of the report is made available to the Court by the learned Additional Government Advocate. That being so, it is urged, without applying his mind to the requirement of the land in question for pasturage, the Deputy Commissioner has de-reserved the land for allotment in favour of siteless persons under "Ashraya Vajpayee Housing Scheme".

(3.) It is contended by learned counsel for petitioner that as held by this Court in the case of GRAMA PANCHAYAT, UGARGOL VILLAGE, PARASADGAD TALUK, BELGAUM DISTRICT VS. STATE OF KARNATAKA - (2000)1 Kar.L.J 120 the Deputy Commissioner is required to consider all relevant circumstances before reducing the extent of gomal land below the prescribed minimum. Learned counsel, therefore, contends that as the impugned order reduces the extent of land reserved as gomal below the prescribed minimum and as there is no material to show that the Deputy Commissioner had applied his mind to the requirement of the land for pasturage, impugned order cannot be sustained.