IN THE HIGH COURT OF t<ARNATAKA AT BANGALORE Dated this the 8th day Df June 1998 3 e f a r e THE HON’13L3 MR.JUSTICE CHDRASHEKAAIAH wjgi9518/122! 1. Sri.Purushcytharna, s/c Madaiah; 2. Sri.uttaswarny, s/c Govinde Gowda; 3. Sri.Ramesha, 5/0 Veeranna; 4. Sri.Puttamade Gowda, s/c Ninge Gowda; 5 Sri.Siddaraju, s/o Sie Gowda; 6. Sri.M.Krishnappa, s/o Veeranna; 7, Patel 0 hikka Veeranna Gowda, s/o Kade Gowda; 8. Smt.JayarrEna, w/o late MP.Mallappa; 9, Sri,Tharnmaia-i, s/o late Veeranna; lO,Sri .M.Shivaramu, s/o M,P,Putta swamy Gowda; 11. Sri.M.M.Mallesna Gowda, s/o, Man Gowda, 12. Sri. MallikarjunaGowda, s/c. Doddathammana Gowda; 3. Sri.Shivamallappa, s/c Mallikar— juna Gowda. 14. Sri.GOvinda Gowda, s/c Kanigowda; —2— 15. Sri.Chikkaraju, s/o ! 4 allikar— juna Gowda. 16. Sri.arigowda, s/o Veeranna. (Petitioners1 to 16 aremajors All residing at Madapura, Vipuak— shapura hobli, Channapatna taluk, Bengalore District.) ... Petitioners; (By Sri. M.N.Seshagiri AND: 1. State of Karnataka, Department of Revenue Vidhana Soudha, Banaalore-1, by its Secretary. 2. The Deputy Commissioner, Bangalore Rural District, Podium Block, BancLOre-1. 3. The Assistant Commissioner, Ramanagaram s—divi sion, amanagaram, Bangalore Dist. 4. The Tahsildar, Channapatna taluk, Channacetna. 5. Sangahalli Villa Parhayat, Banganahalli, Viruoekshapura hobli, Channapatna taluk, by its ‘ecretary, President. ... RespOneents; Sri. K. Nagaraja, CGP forRi to R4. R—5 served.) Jrit Petiti is filed unr rts.226 and 227 of the Constitution of India praying to quash the resolution dated6—2—1996 ssed y the 5th respondent (innure—E), and. to direct reponcts—2 to 4 not tchange the character of katte in any manner or effect changes in the revenue records but to retain the katte in its oresent form in sy.No.126 of Madapur village, Bangalore Dist. —3— Tnis petition coring on for preliminary hearing in B group this day, the court made the following: The petitioners are the resints of Madapura village, Channapatnataluk, Bangalore District, The land in sirvey No.126 measures 3 acrea 11 guntas, is classified as Sarkari tte in the revenue records. It is the case of the petitioners that since the said land is classified as Sarkari katte the village Pan— chayet h no power whatsoever to pass the resolut ion to effect the entry in the revenue records to the effect that sites have been form. in the said land on the ground tI said larr3 has neer acquired by the State Government in the year 1984 and distributed 74 sites on formation of the layont. The State Govern ment has not filed any statement osbjections stating the said land is O*i Sarkari katte or it zas been acq uired by tt State Government for t4urose of forrna— tion sites. If the said land is a Government land tnere is no reason for the State Government to acquire the saie, r3ut if it is orivate lanS no dsubt the same can be acquired for a sublic purpose. The entries in the revenue records are presumed to be true until the contrary is proved, as per the provisions of the Karnataka Land Revenue Act Furt.er, F I if the land is a sarkari katte wibout dc—reserving the same, the sane shall not be available for formation of residential sites. The resolution, if any, passed by the Gram Panchayat does not in any way affect the nature of the land. Therefore, he. Tabsildar—respon— dent ro.4 is directed to retain the said land as Sarkari Katte if the sites have not been formed and distributed to the villagers. If the State Government or any other Authority has formed the layout and distributed the sites to the villagers the n no steps be taken by tj Tahsildar to cancel the allotnent of sites. 2) th the above observations, writ petition is disposed of. JUDGE SI 0 try - a a - . -