IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 2nd DAY OF JUNE 1998 BEFORE THE HON’BLE MR.JUSTICE P.VISHUANATHA SHETTY Writ Petition No,3696/1996 K. Put taswamy Gowda, S/c late Mogappa Gowda, major na Kamati Village, Kanathur Post, Palys Hebli Alur Taluk, kassan District. ,Petitioner (By Sri R,S,Ravi. Advocate) 1. State of Karnataka by its Secretary, Revenue Department, M S Buildings Dr .Ambed ken Veedhi Bangalorel. 2. The Deputy Commissioner (Revenue), Hassan Diet,, Hassan. 3. The Assistant Commissioner, (Revenue), Hassan District. Hassan. 4. The Tahsildar, Alur Taluk, Alur, Hassan District. Respondents (By Sri N.P,Singni, HCGP) Writ Petition filed under Articles 226 and 227 of the Constitution of India with an affidavit seeking for the quashIng of t.he endorsement dated issued by the 4th respondent vide AnnexureC and also for a direction to the respondents to consider the appiicaticn of the petitioner ‘[‘or grant of Icr ‘urvey No’13 nd 13i mcaur’ g 11 cc a go t situe ed at Kamati villig Thi t i omin on for eider befor (0 t thi da the ur h de tI fa lo in ORDER Though this petition is listed for crc rr w t h the no nt I cc ned Co e I oppear Lng for the parties. it is taken up for final earino arid di p0 ed of y thi order Th petition r, in this pctition L in rX ser niceman. He c]cimc that he was in the military rvice fr rn September ‘9 7 till Isi’ of .1, uary 109,3, it I hrs case that while he wa in ervice, h mide ii api icetior to the reop ndotc for jrant of land measuring 11 acres 9 cunt is om is d n rri ey Nol3 arJ 133 of Krnati village, Palya Hobli , blur Taluk • Hassari Disti ict and pur uant to thc cc 3 pplicatron, the Taluk and Or art Committee, by means f its ro c dated 3 th of Jim l97( recommended for grant of land mearuring 5 a 12 urtis in ajr ey No,l2 and 3 a;rc / 3 guntas in Survey No1’33 in his tavout. t 4 3 3. Sri R..Ravi, learned Councel appearing foe t he petitioner, relying upon the recommendition.., math. by the Taluk Land Grant Committe , c’ y ot wit h ia’ be ii pr dt ed at, Annexure-B, submitted that t.x•tce the land rc.aolved to be ;r ntei t the çeti’ioner W3’ in excess ot permissible limit of the Tahsi day -11 lco the As st nt Commissioner, the recommendation was made by th Lard Cran Coirmittee to th e ond respondent t” grant the said landfYin favour of th p°titi ncr Hc furthir submitted referring to Annexure-B, that the rc )mmnJat sn math by the Larl Ira it 6€nt C’rami’tet’ for grant of lands to as ni ny at othei 73 peisons. wa arproved and landa have bc n ;raed to ttem whbreau th claim of th petitioner has nc,t ‘et bean conjdered by op t. rn d tv , t o 1 n r qustan aS recommended b” the Land ‘jrant - Tm ° 1 f ti’ r UtTi ‘ r I’ t the petitioner being an Ex-Serviceman, wh • d t c ejnt tcr a pc iol yesic and who had also participated in the Bsngla Libcrflion War, is entitled fcr .jrant of the land under the Lend Grant Rules; nd es such he or end responden as not Just ifid ‘n rot conid ring the reornnendet_on mudo by the Lend Gr ant Committo f r jiant f 1end ii fiuou f the petitOflur flow, 4. Sri ingri, Learned Gociornment Pleader. nut in ted tbc t in the r nr ndit n made in the year 1976. there is absolutely no Ju tot r tier t tti t’ to Jir second respondent Lu consider the icr nmend it icr rn Je h h I and Gr nt Lommittee He tOT ther drew y attention to r ornrrr ncr at i in date J 2 h of epternt Ci 1994, o py of at ch has bnen produced ca cc C • iurd ay th 4th rrpnd€ nt et Li g th t si thu laid n or tim has ber reso’ d fur Gshruie roheis , the r cc ntot r in e y h p tit o hr Mi nistei f- gr a t of a nd an beer e ted Ii porc t tbr nuhn mi r of Sri nri it t rith Ic r t macic in ‘nne:.uiu that hu lard i quertion L ruciu d to ii Li r a cI ne t ir err u t dispute that I -a 3rvlceman that under petitioner is (over nm€nt taking into [ mEl Land Grant l I rmende t a the petitioner is an It i also not in disputE the Land Grant Rules • thc entitled for grant of 5 H d mw m a a loT t tha ndorari nt dated 25th r Septemhur i9° copy 0 F which hbc produeda Air ) ta that. under Ashraya Scheme, 30 per sons ware given I am cf tFe viw hat th petitioner is ntit led for a direct ion to be given to the second respondent to consider the recommendat n mad b the land S nt Committee to grant the lands in question in f your of th t toi r. It i not in Lar on prefcrential haais account that he is an Fx-military jO bee ‘a by m Cdt lIE r the Committ, whila oncdnring the no e or far gart of 1 and i 1 avour f r Uc r Lc’ I urrtn tha aecond reaponderti wc rcquirad t na dci tb’ re mmc ndat ic mad by the I dnd Committca and take art aDprprlote \c S I ( - 4 nrjc$i i k.jeaqn 3 •q en;.’ 3 tie ‘H ‘1b1.itv ,r th. pc.ittorer fm •JTant of l3nds in question in hi f*v a; Cç t e am havinj not bean ej..flE all these yr? i’isptte of the q r d i q’s t a d dcmanii md I ;.etit ioner , t am •,t the. vieW tndt it wc.i’l’i be 16 1 ‘ et t 34 3. t i e..t - jecr.d rEspondent to conbider the e. nr ndt n mid t tin Ti Ic Lari (rant Committee ae per Annexure—D and take a final iccision in thc mitter. It it. n ce..saTy to point out that under similar circumstances. ever 1 other icrs)nt, ef rr d to ii the proceedings at Annecuve B, have already been granted lands and the patitio.et alonc has be n pinked up tot ho tile iiscrinin*tion, Is contended by the learned Coun’.el for the petitioncr rurther, I m of tiw view ti t when the Committee has made a recommendation Ic ‘ to laid i 4u-x)n r faai I the i’ctitioner. it is not permissible for the c r — rat c rje. te •‘s;’,mmendation of the •Dimmxttee on the a at ‘i t ti lands it qustson ci ruquired for A&raye Scheme 7 UtOCUDSLOS ‘ abovd, I direct the second respondent o ns de 17 epreentat on made Ly th ptiti nor a cci (n xc e C e p di 17 31 as possrhle ad t an ‘ t of the ncttor n t 1 tP n F is h f (P tFt ditc f f this old and keeping t in’ f the Land Grant y ecommendat ions made by Grant Committee as pe 8 Rul 17 1 d id m d ib mlut€ and thi petItion is disposd of in terms stated abovc 9. Sri Singri, learned Government Pleader. i rmitted to file Fi m r n of apperax within four weeks from todoy. Sd/a JUDGE 7 receipt el a copy u in vicw the i ov Rrle and a17 th.- the Taluk Land nn iexur D