S SIDDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) A very important question that governs the life of the village folk comes up for consideration in this writ petition. The petitioners are agriculturists by profession and are the residents of Ramghatta Village. The petitioners seek a writ of mandamus for declaration that Section 94-A of the Karnataka Land Revenue Act, 1964 amended under Act 21 of 1991 as unconstitutional and for a writ of mandamus to the second respondent-Tahsildar, Holalkere Taluk, Chitradurga District not to regularise the unauthorised encroachment of lands in favour of the respondents.

(2.) THE specific case of the petitioners is that there are about 500 agricultural families, 1600 heads of cattle and one thousand sheep and goats in the said village. Having regard to the strength of the live stock in the village, the Government was pleased to reserve 17 acres 28 guntas of land in Sy. No. 28 and 13 acres 1 gunta of land in Sy. No. 20 of ramaghatta Village for the purpose of grazing. These two Survey numbers are shown as 'sarkari Gomal lands' in the revenue records. The petitioners, subsequently, noticed in the revenue records the names of some persons shown as unauthorised cultivators. The local revenue officers have built-up records in their favour for the purpose of regularisation of the unauthorised occupation inspite of the fact that the Deputy commissioner has not released these lands for agricultural purpose. It is the petitioners grievance that under Section 71 of the Land Revenue act and Rule 77 of the Land Revenue Rules, the Government has set apart certain land for free pasturage and now that there is an attempt to make mindless regularisation of the alleged unauthorised cultivation of these reserved lands which if done, would virtually wipe off a small extent of land meant for free pasturage.

(3.) THE contentions raised in the writ petition and the statements canvassed on both sides require careful consideration. The learned Government Pleader is not in a position to supply the data of cattle strength in the State of Karnataka and the corresponding gomal and other lands available for free pasturage and the land reserved under Section 71 of the Karnataka Land Revenue Act.