- 1 - NC: 2025:KHC:4924 WP No. 15141 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 15141 OF 2023 (KLR-RES) BETWEEN: SRI DURGAMBIKA PIG TRANSPORTERS AND SCHEDULED CASTE KORACHA AND KORAMA ALIMARIGANA ABHIVRUDHI SANGHA (REGD)., REP. BY ITS PRESIDENT, SRI T. MURTHY, S/O. THIMMANNA, AGED ABOUT 53 YEARS, R/AT H. D. DEVEGOWDA BADAVANE, KADUR TOWN, KADUR TALUK, CHICKMAGALURU DISTRICT-577 548. …PETITIONER (BY SRI MOHAN REDDY H SAWKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS REVENUE SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, CHICKMAGALUR DISRICT, CHICKMAGALURU-577 101. 3. THE ASSISTANT COMMISSIONER, CHICKMAGALUR DISTRICT, CHICKMAGALUR-577 101. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:4924 WP No. 15141 of 2023 4. THE TAHASILDAR, OFFICE OF THE TAHASILDAR, KADUR-577 548, KADUR TALUK, CHICKMAGALURU DISTRICT. …RESPONDENTS (BY SMT. B.P RADHA, AGA) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO CONSIDER RECOMMENDATION NO.LND/CR/43/2019-20 OF R3 ASSISTANT COMMISSIONER LETTER VIDE ANNEXURE-H DATED 16.03.2023 TO R-2 DEPUTY COMMISSIONER AND MAKE PROVISION FOR ALLOTMENT OF RECOMMENDED LAND TO THE PETITIONER SANGHA. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by a registered Sangha seeking a direction at the hands of this Court against the 2nd respondent - Deputy Commissioner by taking into consideration the recommendation made by the 3rd respondent - Assistant Commissioner as per letter vide Annexure-H dated 16.03.2023. 2. The factual matrix of the case revolves around the petitioner, an organization that represents the - 3 - NC: 2025:KHC:4924 WP No. 15141 of 2023 interests of the Koracha and Kolama communities. These communities have traditionally been engaged in pig rearing as their primary source of livelihood, a practice they have sustained for generations. The petitioner- organization asserts that it has been actively supporting these communities in their customary occupation of grazing and rearing pigs. In furtherance of their objectives, the petitioner submitted a formal representation to the concerned authorities, seeking the allotment of suitable land to facilitate and sustain their avocation. The petitioner contends that the 3rd respondent, the Assistant Commissioner, after conducting due diligence and securing the necessary reports, has forwarded a communication to the 2nd respondent, the Deputy Commissioner, recommending the grant of agricultural land to the petitioner-organization. This communication is documented and available as Annexure- H. Despite this recommendation, the petitioner alleges inaction on the part of the 2nd respondent, the Deputy Commissioner, who has failed to take necessary steps - 4 - NC: 2025:KHC:4924 WP No. 15141 of 2023 towards the allotment of the requested land in accordance with the recommendation made by the Assistant Commissioner. The petitioner, therefore, seeks appropriate relief to ensure that their legitimate request is duly considered and acted upon without further delay. 3. In response, the learned Additional Government Advocate, upon receiving instructions, has submitted that the authorities are open to considering the petitioner's representation in a positive manner. It has been conveyed that a concrete decision regarding the allotment of land is under contemplation by the Deputy Commissioner. However, before proceeding with the allocation, the authorities need to rectify certain discrepancies concerning the extent of land within the identified survey number. The learned counsel further submits that since multiple grantees have already been allotted portions of land within the same survey number, it is imperative for the authorities to first ascertain the exact extents of land already granted. Only upon completing this verification - 5 - NC: 2025:KHC:4924 WP No. 15141 of 2023 process will the authorities be in a position to proceed with the allotment of land to the petitioner-organization, in line with the recommendation made by the Assistant Commissioner. This process is being undertaken to ensure that the allocation is carried out in a fair and legally tenable manner, preventing any potential conflicts or overlapping claims. 4. Recording the assurance made by the learned Additional Government Advocate, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) The 2nd respondent - Deputy Commissioner is hereby directed to take note of the recommendation made by the 3rd respondent - Assistant Commissioner vide Annexure-H dated 16.03.2023 and pass appropriate orders on the representation submitted by the petitioner. This exercise of allotting the land shall be strictly done aligning with the - 6 - NC: 2025:KHC:4924 WP No. 15141 of 2023 provisions of the Land Grant Rules. This exercise shall be accomplished within a period of 6 months from the date of receipt of a copy of this order. VP List No.: 1 Sl No.: 2 Sd/- (SACHIN SHANKAR MAGADUM) JUDGE