- 1 - NC: 2025:KHC-D:1903 WP No. 68435 of 2010 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 68435 OF 2010 (KLR-RES) BETWEEN: SRI. CHANDRASHEKHAR S/O PARVATAGOUDA PATIL, AGE: 51 YEARS, OCC: AGRICULTURE, R/O SAHASRAHALLI, TQ. YALLAPUR, DIST. NORTH KANARA. …PETITIONER (BY SRI. S K KAYAKAMATH .,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REVENUE DEPARTMENT, REP. BY ITS SECRETARY. 2. DEPUTY COMMISSIONER, NORTH KANARA DISTRICT, KARWAR. 3. ASSISTANT COMMISSIONER, OFFICE OF THE ASSISTANT COMMISSIONER, SIRSI. 4. TAHSHILDAR, YALLAPUR, DIST. NORTH KANARA. …RESPONDENTS (BY SRI. M.M. KHANNUR., ADVOCATE) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High court of Karnataka, Dharwad Bench, Dharwad Date: 2025.02.04 15:45:18 +0530 - 2 - NC: 2025:KHC-D:1903 WP No. 68435 of 2010 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE DEPUTY COMMISSIONER NORTH CANARA, KARAWAR DISTRICT BY HIS ORDER BEARING NO. KUM.SAA: ARANAYA:VIVA:203:2009-10 DT:26.02.2010 VIDE ANNEXURE-J, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Quash the order passed by the Deputy Commissioner North Canara, Karawar District by his order bearing No. Kum.Saa.Aranaya.Viva.203:2009-10 dated 26.2.2010 vide Annexure-J in the interest of justice and equity. ii. Deputy Commissioner North Canara, Karawara District be directed to consider the application of the writ petitioner which is at Annexure-A in the interest of justice and equity. iii. Pass any other order/relief, that this Hon’ble Court deems fit in the nature and circumstances of the case, in the interest of justice and equity. - 3 - NC: 2025:KHC-D:1903 WP No. 68435 of 2010 2. Petitioner claims to be in unauthorized possession and occupation of 4 Acres 20 Guntas in RS No.1A/1 of Sahasrahalli Village, Yallapur Taluk. The petitioner made an application on 27.10.2004 for grant of right to permanent cultivation, since the petitioner was in temporary cultivation. 3. A report of the Tahasildar having been submitted. There was a recommendation made by the Assistant Commissioner to the Deputy Commissioner for grant initially of 2 Acres, subsequently of 2 Acres 20 Guntas. The Deputy Commissioner did not process the recommendation on the ground that spot inspection report was not available and remitted the matter to the Assistant Commissioner who carried out a spot inspection and submitted a report recommending the granting of 2 Acres 20 Guntas. 4. The Deputy Commissioner vide its order dated 29.10.2004 rejected the application on the ground that 2 Acres 20 Guntas was forest land. It is - 4 - NC: 2025:KHC-D:1903 WP No. 68435 of 2010 challenging the, that the petitioner is before this Court seeking for the aforesaid reliefs. 5. The submission of Sri.S.K.Kayakamath., learned counsel appearing for the petitioner is that the said land in RS No.1A/1 of Sahasrahalli has been released from forest land vide order No.AFD 24 FGL 69, Bangalore dated 16.04.1969 which has been published in the Mysore Gazette dated 29.05.1969. The entire land in Survey No.1A/1 as regards which the application was made by the petitioner being released from forest land, the finding of the Deputy Commissioner that the land is forest land is not sustainable. 6. Learned AGA would however oppose the above petition on the ground that the petitioner is only granted for temporary cultivation, there is no right to seek for permanent cultivation and that the petitioner has no locus standi. - 5 - NC: 2025:KHC-D:1903 WP No. 68435 of 2010 7. There is a substance in submission made by the counsel for the petitioner. A perusal of the notification indicates that the entire land in Survey No.1A/1 has been released from forest land. 8. I find favour with the submission made by the counsel for the petitioner in as much as the entire land in Survey No.1A/1 has been released from forest land. When 2 acres were granted to the petitioner for permanent cultivation and the balance 2.20 acres was rejected only on account of it being forest land. 9. The submission of learned AGA that being in temporary cultivation, permanent cultivation could not be granted is not sustainable. In view of the notification referred (Supra), the order passed by the Deputy Commissioner is also not sustainable. 10. As such I pass the following - 6 - NC: 2025:KHC-D:1903 WP No. 68435 of 2010 ORDER i. The writ petition is allowed. ii. A certiorari is issued, the order dated 26.2.2010 bearing No. Kum.Saa.Aranaya. Viva.203:2009- 10 passed by the Deputy Commissioner North Canara, Karawar District at Annexure-J is quashed. iii. The Deputy Commissioner North Canara, Karawar District is directed to reconsider the application of the petitioner at Annexure-A by taking into account the notification dated 16.4.1969 (supra) and pass necessary orders with the period of 30 days from the date of receipt of the copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 52