CHINNASWAMY REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) PETITIONERS in these two petitions are claiming to be the owners of different extent of lands in Sy. No. 57/2, 57/1, 54/1 and 55 of Nagavara Village are challenging the legality and correctness of the action of the Government in extinguishing the existing cart-track between sy. Nos. 51 to 60 of Nagavara Village by invoking its powers under Section 68 (1) and (5) of the Karnataka Land Revenue Act (hereinafter referred to as 'the Act') and thereafter granting extinguished cart-track area to R-4.

(2.) ACCORDING to the petition averments, they are the residents of nagavara Village. Aforesaid lands are agricultural lands and a cart road running between Sy. Nos. 55 to 60 is the only access to their agricultural land and that the said cart road was being used from time immemorial and that the same was never extinguished and that the Government behind the back of the petitioners and other villagers at the instance of R-4 has notified for extinction of cart track as if the same is not in use and the same is dis-used and existence of such cart-track is of no use for the public and without issuing any notice to the adjoining owners and more particularly to the petitioners has notified the same under Section 68 (5) of the Act and thereafter the same has been sold by the Government in favour of R-4 as per Annexure-H in W. P. No. 48588 of 2004 for a total consideration of Rs. 24,63,973/ -. Present petition is filed to cancel the order granting land in favour of R-4 by quashing Annexure-H dated 4. 12. 2004 and also to quash the notifications issued under Section 68 (1) and (5) of the Act dated 5. 10. 2004 as per Annexure-E and as per Annexure-F dated 6. 10. 2004.

(3.) ACCORDING to the Counsel for the petitioner, R-1 to 3 colluding with r-4 in connivance has extinguished the cart-track without hearing the petitioners and thereby the ingress and egress to the lands of the petitioners has been closed once for all and that the land granted to R-4 is in contravention of the Karnataka Land Revenue Act and Karnataka Land grant Rules. It is further contended that no spot inspection or mahazar was drawn by the respondents before notifying under Section 68 (1) and (5) of the Act. It is also their case that since the land in question is situated within 8 kms. From the municipal corporation limits and also on the ground that the land falls within the CMC area of Byatarayanapura, land could not have been granted to R-4 without concurrence of the aforesaid two local authorities.