- 1 - NC: 2025:KHC-D:1453 WP No. 106531 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106531 OF 2023 (KLR-LG) BETWEEN: RAJARAM RANAPPA BHAJANTRI, EX-SERVICEMAN (DEFENCE SERVICES), S/O. RAMAPPA, AGED ABOUT 43 YEARS, POST: SUTTATTI, RAIBHAG TALUK, BELGAUM DISTRICT-591317. ALSO AT NO.51, HAL POLICE STATION, MARATHALLI, BENGALURU-560037. …PETITIONER (BY SMT. VIDYA R. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, BENGALURU. 2. THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT-590001. 3. THE ASSISTANT COMMISSIONER, BELAGAVI DISTRICT-590001. 4. THE TAHSILDAR, RAIBHAG TALUK, RAIBAG, BELAGAVI DISTRICT-591217. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.29 11:44:09 +0530 - 2 - NC: 2025:KHC-D:1453 WP No. 106531 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENT NOS.1 AND 4 TO GRANT THE AVAILABLE GOVERNMENT LAND TO THE EXTENT OF 05 HECTARES TO THE PETITIONER IN REVENUE SY.NO.74/2 OR IN REVENUE SURVEY NO.191/2 WHICH IS A GOVERNMENT LAND SITUATED IN NASALAPUR VILLAGE OF RAIBAG TALUKA AND SAVADATTI VILLAGE OF RAIBAG TALUK, BELAGAVI DISTRICT RESPECTIVELY, BY CONSIDERING THE APPLICATION IN FORM NO.1A AND REPRESENTATION DATED 25/02/2023 AND 27/02/2023, AS PER ANNEXURE-D, E AND E1 RESPECTIVELY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a) To issue a Writ or Order or Direction in the nature of Writ of Mandamus directing the respondent Nos.1 and 4 to grant the available government land to the extent of 05 hectares to the petitioner in revenue sy.no.74/2 or in revenue survey no.191/2 which is a Government land situated in Nasalapur village of raibag taluka and savadatti village of Raibag Taluk, Belagavi District respectively, by considering the application in Form No.1A and representation dated 25/02/2023 and 27/02/2023, as per Annexure-D, E and E1 respectively. - 3 - NC: 2025:KHC-D:1453 WP No. 106531 of 2023 b) Grant such other reliefs as deemed fit by this Hon’ble court in the circumstances of the case, in the interest of justice and equity. 2. The grievance of the petitioner is that the application submitted by the petitioner in Form No.1A and the subsequent representations submitted by the petitioner on 25.02.2023 and 27.02.2023 at Annexures-D, E and E1 respectively have not been considered by the respondents. 3. Whenever any application has been submitted by an Ex-serviceman for grant of land, the same is required to be considered and necessary orders to be passed at the earliest in terms of Section 71 of the Karnataka Land Revenue Act, 1964 the State having held out that an Ex-serviceman would be granted land upon completion of the service. It is required for the State to honour its commitment and treat the Ex-servicemen with a dignity that it deserves and not make the settings servicemen run - 4 - NC: 2025:KHC-D:1453 WP No. 106531 of 2023 around from pillar to post to obtain a grant which has been promised by the State. 4. In the present case, Form No.1A has been filed on 25.02.2023 ought to have been acted upon immediately, but the same has not been done. Representations have been submitted by the petitioner, which also has not been acted upon. The inaction on part of the respondent-State is also contrary to the Judgement of a coordinate bench of this Court dated 25.04.2014 in Writ Petition No.26700/2013. On enquiry as to whether the directions issued in the said matter at para 51 have been followed, the learned AGA is unable to make his submissions due to lack of instructions. The directions issued at para 51 of the said judgement are as under : “DIRECTIONS 1. The Deputy Commissioners of all the districts shall direct survey of lands by the officers concerned as envisaged in Rules 3 and 4 of the Land Grant Rules, 1969 and then identify lands in each village within their territorial jurisdiction for - 5 - NC: 2025:KHC-D:1453 WP No. 106531 of 2023 the purpose of grant to the ex-servicemen and soldiers and notify it as envisaged under, Section 71 of the Karnataka Land Revenue Act, 1964, within a period of six months from the date of receipt of a copy of this order. 2. Copy of such notification shall be forwarded to the Director, Sainik Welfare and Resettlement Board, who, shall publish it in its office and such other places as is accessible to the service personnel. 3. If in any such district agricultural land is not available, then the Deputy Commissioner shall identify revenue land for the purpose of grant in lieu of agricultural land. 4. The Deputy Commissioners shall maintain a register incorporating therein the details of applications submitted by ex-servicemen and soldiers for such grant. 5. Ex-servicemen and soldiers; the legal heirs of war casualties and such other persons who come in this category may apply for grant of land directly to the Deputy Commissioners of the concerned district with a copy of it marked to the Director, Sainik Welfare and Resettlement Board, Karnataka. The Director, Sainik Welfare and Resettlement Board shall be the nodal agency who, shall, after receipt of the copy of such application, register in his office and maintain record of it. It shall pursue the application with concerned authorities following the instructions issued by the Government vide Circular No.RD 33 LGP 83 of June 1983. 6. It shall be the duty of the Sainik Welfare and Resettlement Board not only to receive and forward the applications but to assist the applicants in pursuing the application for grant of land till it reaches logical end. 7. All the applications received by the Deputy Commissioners shall be examined on its merit - 6 - NC: 2025:KHC-D:1453 WP No. 106531 of 2023 and shall be considered for grant of land within the outer limit of six months from the date of its filing/submission. All applications pending consideration till this date shall be considered and disposed of within three months from the date of receipt of copy of this order. 8. No application shall be rejected without hearing the applicant or assigning any valid reason. Non- availability of land in any particular village applied for shall not be a reason for rejecting the application. 9. In case applicant seeks land in any particular survey number of any particular village, the same shall be considered for allotment and in the event of such land being not available, then the concerned Deputy Commissioners shall consider grant of land situate in any other village in same district. 10. In the event of agricultural land being not available in the district applied for, then the application shall be considered for allotment of land in any other district and concerned Deputy Commissioner shall recommend to the first respondent to consider grant of land in any other district or a house site to the applicant as assured to this court in these writ petitions. 11. The Principal Secretary, Department of Revenue, Government of Karnataka shall ensure that such sites are allotted by the authorities namely, 1) The Additional Chief Secretary, Urban Development Department, 2) The Secretary, Urban Development Department & 3) The Commissioner, Karnataka Housing Board, Kaveri Bhavan, as indicated in the letter dated RD 282 LGX 2013 dated 11.07.2014 filed in Writ Petition No.26700/2013 and connected matters. The benefit shall be extended to the applicants who are recipients of gallantry awards, service medals, cash awards, annuity etc. - 7 - NC: 2025:KHC-D:1453 WP No. 106531 of 2023 12. In the case of applicants who are recipients of service medals, gallantry awards and those who are conferred with certificate of recognition of service shall be entitled to all benefits as declared in the award including land or land sites, cash award, annuity etc. The restrictions imposed by Rule 4, particularly ceiling limit based on the income stipulating eligibility criteria for purposes of grant of land; the prescription of 10% reservation under Rule 5; the prescription of order of priority by Rule 6 and the restrictions indicated in proviso to Rule 6 of Karnataka Land Grant Rules, 1969 shall not apply to them. They will be entitled to grant of land, land sites on priority and their applications shall be considered as expeditiously as possible and in any circumstance, but not beyond the period of six months from the date of receipt of such applications. The applicants in this category shall be entitled to allotment in the district to which they belong or in any other district where they have settled or intend to settle. 13. The District Sainik Welfare and Resettlement Board shall maintain record of all service personnel who have been awarded service medals, gallantry awards, year-wise and shall publish the same annually by the end of each year and forward it to the Principal Secretary, Revenue Department, Government of Karnataka for needful action. 14. The directions issued in individual writ petitions as detailed in paragraphs supra shall be complied by the respondents within the period of six months from the date of receipt of this order and the general directions issued hereby shall be complied as expeditiously as possible but not beyond the period of one year from the date of receipt of a copy of this order.” - 8 - NC: 2025:KHC-D:1453 WP No. 106531 of 2023 5. The 1st respondent-Principal Secretary, Revenue Department is directed to file an affidavit as regards the steps taken to comply with the directions issued in para 51 of the Judgement dated 25.08.2024 in WP.no.26700/2013 and connected matters, the said affidavit to be filed within a period of 4 weeks from today on or before 21.02.2025. In view of above, I pass the following : ORDER (i) Petition is allowed. (ii) Writ of mandamus is issued. Respondent Nos.1 to 4 are directed to consider the application Form No.1A and the representations submitted by the petitioner at Annexure-D, E and E1 within a period of 60 days from today and pass necessary orders. - 9 - NC: 2025:KHC-D:1453 WP No. 106531 of 2023 (iii) Re-list this matter on 25.02.2025 for reporting compliance with the directions issued to the Principal Secretary, Revenue Department. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 27