A G BASAVARAJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners claiming to represent the grievances on behalf of the entire village community of Sripura in Channagiri taluk, Shimoga district, have sought for a writ of mandamus directing the respondents not to dispose of the Gomal land in Sy.No.37 measuring 30 acres 3 guntas of Akkalikatte village, Channagiri taluk, Shimoga district, under Darkast and also direct respondents - 1 to 4 evict the unauthorised occupants in the said survey number.

(2.) The facts, in brief, may be stated as follows :- The total population of Sripura village is about 800 and it is stated that the total strength of cattle heads is 658, according to the Certificate issued by the Village Accountant of Bullasagara. But the copy that is produced before the Court, vide Annexure-A, does not bear the date of issue of the Certificate and does not disclose the year in which this information is referrable. Sy.No.37 of Akkalikatte village measuring 30 acres 3 guntas is reserved for cattle of Sripura village. According to Order No.ALR.341/62-63 dated 26-2-1963, Sy.No.37 of Akkalikatte village is reserved as Gomal land. The record of rights also support the factual position. Since a number of years, the villagers are making use of the Gomal land for grazing purpose. According to the petitioners, it is the only available land for the village cattle and grant of land out ot this Gomal reserve would deprive the petitioner and the villagers of Sripura who have the right to use the Gomal land for grazing. It appears that representations were repeatedly made to the revenue authorities including the concerned Minister complaining against the disposal of land in favour of unauthorised occupants under Darkast from this Gomal reserve. The petitioners also urged that unauthorised occupants should be evicted from the land and since no action was taken by the authorities, the petitioners have approached this Court for relief.

(3.) The question for consideration is : Whether the petitioners are entitled to a direction restraining the respondents from disposing of the Gomal land under Darkast and for eviction of the alleged unauthorised occupants ?