Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5026 WP No. 25749 of 2024
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.25749 OF 2024 (KLR-RES)
BETWEEN:
S. B. NANJUNDAPPA S/O LATE BASAPPA AGED ABOUT 72 YEARS RESIDING AT MARUTHI NAGAR MAIN ROAD ARASIKERE TOWN HASSAN DISTRICT - 573103 …PETITIONER (BY SRI.SUBRAMANYA BHAT M, ADVOCATE) AND:
1. THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN - 573103
2. THE TAHASILDAR ARASIKERE TALUK MINI VIDHANA SOUDHA HASSAN DISTRICT - 573103
3. THE DEPUTY DIRECTOR AMRUTH MAHAL BREEDING CENTER AJJAMPURA CHIKMAGALUR CHIKKAMAGALORE DISTRICT - 577547
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA
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NC: 2025:KHC:5026 WP No. 25749 of 2024
4. THE DIRECTOR ANIMAL HUSBANDRY AND VETERINARY SERVICES DEPARTMENT PODIUM BLOCK VISHVESHWARAYA TOWER BANGALORE 01
5. SENIOR HEALTH OFFICER HABBANAGHATTA AMRUTHMAHAL KAWALU SUB CENTER ARASIKERE TALUK HASSAN DISTRICT - 573103. …RESPONDENTS (BY SMT.B.P.RADHA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 12.04.2022 PASSED IN RA NO.2/2019-20 BY THE 1ST RESPONDENT, COPY OF WHICH IS PRODUCED AS ANNEXURE-D, AS THE SAME IS WITHOUT PROPER APPLICATION OF MIND AND BEREFT OF ANY REASONS AND ETC. 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 writ petition is filed assailing the order passed by respondent No.1 - Deputy Commissioner dated 12.04.2022 as per Annexure-D.
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NC: 2025:KHC:5026 WP No. 25749 of 2024
2. The petitioner, who is a resident of Arasikere Town in Hassan District, has approached this Court by way of the present writ petition, challenging the order passed by respondent No.1 – Deputy Commissioner. Upon a careful reading of the pleadings and the relief sought in the petition, it becomes evident that the nature of this petition is akin to public interest litigation. The petitioner has raised concerns regarding the usage and status of the land in question, which has significant implications for the larger public interest, particularly the local villagers and agricultural community. 3. Historically, the then Maharaja of Mysuru had issued a notification identifying an extent of 1550 acres of land to be designated as "Amrutha Mahal Kaval," which was to be preserved for specific purposes, including the conservation of grazing lands for cattle.
This historical designation was further reinforced by a subsequent Government Notification dated 28.02.2004, which categorically stated that these lands should not be
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NC: 2025:KHC:5026 WP No. 25749 of 2024
diverted for any other use. The purpose of this notification was to ensure the protection of these lands from encroachments, unauthorized occupations, and any form of illegal regularization. 4. The primary grievance raised in this writ petition revolves around the claim that several individuals have been unauthorizedly cultivating portions of the notified land and are now seeking regularization of their occupation. The petitioner, purportedly representing the interests of these individuals, contends that their long-standing occupation and agricultural activities entitle them to consideration for regularization. It is in this context that representations were submitted to respondent No.1 – Deputy Commissioner, urging the authority to look into the matter and take favorable action in favor of the occupants. 5. While examining the impugned order, it is observed that respondent No.1 – Deputy Commissioner
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NC: 2025:KHC:5026 WP No. 25749 of 2024
has not made specific reference to the Government Circular dated 28.02.2004, which expressly prohibits the diversion of these lands. However, the Deputy Commissioner, while considering the representations submitted by the petitioner on behalf of the villagers, has declined to entertain the request for regularization. The endorsement issued by respondent No.1 aligns with the intent and mandate of the Government Notification dated 28.02.2004, which categorically restricts any diversion or regularization of the said lands. In light of this legal position, no ground is made out for interference by this Court, as the action of the Deputy Commissioner is in strict compliance with the prevailing government policy and statutory provisions. Accordingly, the writ petition stands dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 15