VEERABHADRAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) APPLICATION filed by the impleading applicants to come on record, is allowed. Cause title be amended.

(2.) PETITIONER has sought for quashing the order passed by the Tahsildar -Annexure - D, dated 14-7-2009 and to direct the 3rd respondent to cancel the name of the Government in mutation No. 20 of 2000-01 and to enter the name of the petitioner.

(3.) HOWEVER, having regard to the factual position that is submitted by the impleading applicants that the land in question is a tank and it could not be the subject-matter of grant and it has been granted, it is for the Divisional Commissioner viz., the Regional Commissioner for the present, to verify on such application filed by the respondent to consider the case whether such grant made in respect of the tank area was valid or invalid. In the event if he comes to the conclusion that the land in question ought not have been granted, then there would not be any necessity to change the entries made in the RTC. Otherwise, such Cancellation of the grant said to have been made during 1959 would be treated as non est; the grant order would continue and the benefit would be made available to the petitioner. HOWEVER, in this regard, the respondents / impleading applicants to approach the Regional Commissioner, Mysore within one month and the Regional Commissioner on such application being filed, after due notice to the petitioner, hold an inquiry and if need be, to obtain a fresh inspection report, allowing the parties to urge all contentions and pass orders in accordance with law. The entries regarding mutation could be done only as per the finding of the Regional Commissioner. Petition is disposed of accordingly. Order accordingly.