SUSHEELAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner filed the present writ petition for writ of certiorari to quash the impugned order bearing No.LND/CR/76/2007-08 dated 30.07.2010 passed by respondent No.2- the Regional Commissioner, Bengaluru Revenue Region as per Annexure- H. (The present writ petition is filed only in respect of 1 acre of land allotted by the Government to the original grantee deceased respondent No.6- Ponnuswamy)

(2.) It is the case of the petitioner that the State Government allotted total 11 acres of irrigable land to the eleven land less farmers who are residing at Antaragange Village, Bhadravathi Taluk, Shimoga District. The Government has fixed the price of Rs.150/- per acre exclusive water tax and contribution subject to usual conditions under the Land Grant Rrules, 1960. The Deputy Commissioner by the order dated 05.12.1964 granted one acre of land in favour of respondent No.6- Ponnuswamy and ten others on payment of Rs.150/- per acre. Subsequently, the jurisdictional Tahsildar issued Saguvali Chit dated 23.07.1970 imposing the condition that the granted land should not be alienated for a period of 15 years. The said Ponnuswamy could not cultivated the land granted and sold the entire 1 acre of land allotted to him to respondent No.7 (deceased)- Sri S.Joseph S/o. Saliana for valuable consideration on 26.07.1974 and the same was registered before the Sub-Registrar, Badravathi Taluk. Thereafter, mutation also changed in the name of respondent No.7 as per Annexure- C. After the death of respondent No.7, his wife Smt.Rahelamma @ Ramalamma sold 1 acre of land to the petitioner under the sale deed dated 04.02.2000 for valuable consideration and the revenue entries also changed in the name of the petitioner in M.R.No.27/1999-2000 and the RTC as per Annexure- G for the year 2001-2002 upto 2009-2010. When things stood thus, on the basis of the report submitted by the Assistant Commissioner dated 28.06.2007, the respondent No.2 issued notice to the present petitioner. In response to the said notice, the petitioner filed detailed objection before the respondent No.2 and contended that there was delay of 34 years in initiating the proceedings and also contended that except the land in question, she has left with no other lands for her livelihood and she has spent huge amount in developing the said land. Therefore, she sought to drop the proceedings. The respondent No.2 without considering the material on record, has proceeded to pass the impugned order dated 30.02.2010 as per Annexure- H canceling the land granted to the original grantee and directed the Deputy Commissioner to change the revenue entries made in favour of Ponnuswamy in respect of the land in question. Therefore, the petitioner is before this for the relief sought for.

(3.) The respondents/State Government not filed objections.