B.S. NARAYANA @ NARAYANA GOWDA S/O SOMEGOWDA Vs. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, REPRESENTED BY ITS SECRETARY AND OTHERS

JUDGEMENT

(1.) THE petitioner has; called into question the endorsements, dated 29.11.2006 (Annexure -D) and 17.6.2007 (Annexure -J) issued by the third respondent Assistant Commissioner.

(2.) THE farts of the case in brief are that the petitioner's mother Smt. Subbamma was a Baggarhukum Saguvalidhar of the land measuring 4 acres at Sy.No.169 of Heggudlu Village. She made an application for the regularization of her unauthorised occupation of the said land. The Committee for the regularization of the unauthorised occupation allowed her Form No. 53 application in its meeting held on 11.3.2003. Meanwhile, she passed away on 5.4.2003. The petitioner's endeavours to have the Saguvali Chit issued in his favour went in vain. The Assistant Commissioner, vide his endorsement, dated 29.11.2006 directed that the transfer of land at Sv. No. 169 measuring 206 acres 7 guntas (226 acres 35 guntas minus 20 acres 28 guntas) be mutated in favour of the Forest Department. Consequent thereto, the Assistant Commissioner rejected the petitioner's appeal for the issuance of Saguvali Chit and for excluding the transfer of 4 acres of lands granted to the petitioner from the lands of the forest Department.

(3.) SRI C.G. Gopalswamy, the learned Counsel for the petitioner submits that that impugned endorsements are violative of Article 14 of the Constitution of India. He submits that the lands of the three similarly placed grantees at the same Survey number are excluded from the remaining lands standing at Sy.No.169 while transferring the same from the Revenue Department to the Forest Department. He also brings to my notice that the Deputy Commissioner himself has not ordered that the exclusion be revoked only to the grant of lands to three persons. It is a general order for the exclusion of the lands granted to Form No. 53 applicants.