BASAPPA Vs. BUKKASAGAKA GROUP OF VILLAGE PANCHAYAT

JUDGEMENT

(1.) On Preliminary Hearing When this petition came up for admission, on behalf of the 1st respondent its Counsel appeared and took notice of petition. Subsequently, on behalf of respondents 1 and 2, statement of objectifons were filed. Counsel for the petitioner and respondents 1 and 2 agreed to argue the matter on merits, accordingly they were heard.

(2.) In this petition, filed under Arts. 226 and 227 of the Constitution of India, the petitioner has challenged: (i) a resolution, Annexure-K, dated 30-10-79 of the Village Panchayat of Bukka- sagara. Anekal Taluk; (ii) an order dated 5-3-80, Annexure-L, of the Assistant Commissioner, Doddaballapur Sub-Division (respondent No. 4' herein); and (iii) a registered lease' deed dated 23-4-1980, Annexure-O, said to have been entered into between the Village Panchayat, Bukkasagara (1st respondent) and K. V. Krishnappa of Jigini village (2nd respondent).

(3.) The petitioner, a resident . of village Bukkagagara, owns 3 acres 07 guntas of land out of 20 acres 01 gunta comprised in Sy. No. 162 of Bukkasagara village. He acquired this land in 1973-74 haying purchased the same from a certain Lakshmiah who had obtained the same on darkhast in the year 1937-38. Out of the total extent comprised in Sy. No. 162, 16 acres 34 guntas is classified as phut Kharab. Out of that about 14 acres 18 guntas is a rocky area. The phut Khairab is not assessed to land revenue.