K BALAKRISHNAN NAMBIAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is directed against the final judgment and order of the High Court of Karnataka at Bangalore dated 3rd September, 2003, in Writ Appeal No. 3530 of 2003 (GM - FOR) arising out of Writ Petition No. 17766 of 2000 vide which the order of the Learned Single Judge was affirmed and the appeal was accordingly dismissed.

(2.) The appellant herein is the transferee of leasehold rights of the land to an extent of 25 acres in Survey No. 336/1A1 (75 acres in total) of Aletti village of Sullia Taluk, Dakshnia Kannada district. The original order of lease grant was made in the favour of one Sri. M. Shankara Narayana Kadambalithaya in the year 1949 by the then government of Madras for a period of 50 years vide order of grant dated 24th March, 1949, issued by the District Forest Officer, Mangalore. The land was granted for the purpose of raising areca nut plantation. The lessee was permitted to grow pepper and other fruit bearing trees as subsidiary crops on the land. Thereafter, on the death of the original lessee, his legal representatives, after obtaining permission from the State Government, alienated the lease hold rights in favour of the appellant. The lease in regard to a portion of the land was to expire on 31st March, 1999 and in regard to remaining portion in the year 2000.

(3.) The appellant submitted an application dated 4th June, 1996 for renewal of the lease. It appears that no action was taken on the application for renewal. Consequently, apprehending eviction, immediately after the lease period, the appellant alongwith two others filed a writ petition No. 9570-9572 of 1999 in the High Court of Karnataka at Bangalore. In the aforesaid writ petition, the appellant had prayed for the issuance of writ of mandamus directing the respondents to consider the applications for renewal of the lease deed of the land in question. The High Court vide its order dated 25th March, 1999 disposed of the writ petition with a direction to the respondents therein to consider the application for the renewal of the lease in accordance with law and dispose of the same within two months of the date of receipt of the copy of the order.