Full Judgment
-1- IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF JUNE, 2024 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.106094 OF 2023 (GM-RES) BETWEEN: MALLIKARJUN INTEGRAL POND DEVELOPMENT SANGHA (R) CHIKKERI, HOSALLI DIST: HAVERI-581104 REPRESENTED BY ITS PRESIDENT CHANDRASHEKHAR GOUDA …PETITIONER (BY SRI. SADIQ N. GOODWALA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF MINOR IRRIGATION M.S. BUILDING, DR.AMBEDKAR VEEDHI BENGALURU-560001
YASHAVANT 2. THE DEPUTY COMMISSIONER NARAYANKAR AND PRESIDENT IRRIGATION ETIQUETTE Digitally signed by PROJECT SANGHA YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH HAVERI-581104 Date: 2024.06.06 11:34:09 +0530 DIST: HAVERI
3. THE ASSISTANT EXECUTIVE ENGINEER MINOR IRRIGATION AND GROUND WATER SUB-DIVISION HANGAL DIST: HAVERI-581110.
4. THE ASSISTANT COMMISSIONER SAVANUR-581118 DIST: HAVERI. -2-
5. THE TAHSILDAR HANGAL-581104 DIST: HAVERI
6. SOMANNA S/O PUTTAPPA DODDAKURBAR AGE: 52 YEARS, OCC: AGRICULTURE R/O: CHIKKERI VILLAGE, TQ: HANGAL DIST: HAVERI-581104 …RESPONDENTS (BY SRI. V.S. KALASURMATH, HCGP FOR R1-R5; SRI. SHIVASAI M. PATIL, ADV. FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO 5 TO
CONSIDER THE REPRESENTATIONS DATED 26.09.2023 AND 03.10.2023 VIDE ANNEXURE-G, H, J, K AND L RESPECTIVELY; A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO INITIATE DISCIPLINARY PROCEEDINGS AGAINST RESPONDENT NO.3 FOR NOT TAKING ACTION IMMEDIATELY. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned writ petition is filed seeking mandamus against respondent Nos.2 to 5 to consider the petitioner’s representations dated 26.09.2023 and 03.10.2023 as per Annexures - G, H, J, K and L. -3-
2. The petitioner’s grievance is that owner of the
land bearing Sy. No.64 has undertaken cultivation even though there is a prohibition for cultivation, which has damage the pond. It is alleged that highhanded action of the owner of the agricultural land abutting to the pond has led to water logging in the petitioner’s land.
3. This Court vide order dated 05.10.2023 directed
learned Government Advocate to secure spot inspection report from respondent No.5 - Tahsildar and also ascertain whether respondent No.6 in violations of the conditions indicated in the records of rights is cultivating the agricultural lands. In compliance of the order dated 05.10.2023, respondent No.5 - Tahasildar has submitted a report.
4. On perusal of the report, respondent No.5 -
Tahasildar having verified the revenue records has opined that Sy. No.65 measures 3 acres 19 guntas is neither -4- classified as A Karab or B Karab land. In his concluding report, he has opined that on personal visit and spot inspection, he has found that there is no obstruction by the land owners below the tank and there is over flow of water. However, he opined that since excess water flows to Sy. Nos.64 and 65, some portions of the above said survey numbers have become marshy lands.
5. The report submitted by respondent No.5 -
Tahasildar clearly reveals that there is no obstruction by the land owners below the tank and there is over flow of water. The entire edifice on which this writ petition is filed is on account of illegal cultivation, there is water logging in the petitioner’s land. The grievance indicated in the captioned writ petition does not survive for consideration in the light of the observations made by respondent No.5 - Tahasildar in his report submitted on 06.12.2023. -5- For the foregoing reasons, the writ petition stands dismissed. Pending applications, if any, are also dismissed. Sd/- JUDGE NBM List No.: 1 Sl No.: 54