B V MALLA REDDY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) As this petition can be disposed of finally, rule is issued and it is heard for final disposal.

(2.) In this petition under Articles 226 and 227 of the Constitution of India, the petitioners have sought for the following reliefs: i) declare that the circular dated 28-12-1987 bearing No. RD 159 LGT Annexure-A by the first respondent as ultra vires the Constitution of India and the provisions of the Karnataka Land Revenue Act, 1964; ii) declare that Endorsements Annexure-B and C dated 2-5-1988 and 26-5-1988 respectively are illegal, unconstitutional and issued without jurisdiction; iii) Issue an appropriate Writ, order or direction in the nature of Writ of mandamus for bearing the first respondent to give effect to Circular Annexure-A; iv) issue a Writ in the nature of Writ of mandamus directing the first respondent to direct all its subordinate Officers not to act upon Circular Annexure-A; v) Pass any other appropriate order in the circumstances of the case including an order towards costs.

(3.) Annexure-A is the Circular dated 28-12-1987 issued by the State Government directing its Officers not to evict the persons in unauthorised occupation of the Government land since prior to 1-7-1984. However, the authorities can proceed to take -action against persons who have been in unauthorised occupation subsequent to 1-7-1984. Annexure-B is an endorsement dated 2-5-1988 issued by the Special Tahsildar for Land Reforms, Pavagada Taluk, Pavagada stating what the 4th respondent is in unauthorised occupation of an extent of 4 acres in S.No. 52 of Balasamudra village since prior to 1-7-1984; as such the action taken against him for eviction shall not be proceeded with having regard to the Circular dated 28-12-1987 Annexure-A issued by the State Government. Annexure-C is a similar endorsement dated 26-5-1988 issued by the Special Tahsildar for Land Reforms, Pavagada relating to respondents 5 to 10 in respect of the lands bearing S.Nos. 52 and 53 of Balasamudra village.