YERAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) the petitioner has filed this writ petition challenging the order passed by the tahsildar at anncxure-h as with-drawn. That order impugned is the resultant of non-application of mind to the relevant circumstances and non-compliance of principles of natural justice. On the face of it, according to petitioner order suffers from non-compliance of principles of natural Justice as such, this court can exercise its power under article 226 in such matters without driving a party to exhaust an alternative remedy of an appeal.

(2.) to substantiate that order at Annexure-H is the resultant of non-compliance of principles of natural justice, petitioner narrates that sy. No. 37 of mustrahalli village is a government kharab katte and petitioner earlier was in unauthorised occupation of an extent of 2 acres and 1 gunla. His name came to be entered in the rtc extract for the years 81-82 to 86-87. But he became an authorised holder by virtue of a grant order made in his favour as it is clear at anncxure 'b'. In view of the grant made, petitioner went on paying kandayam regularly to the government. His name came to be included in revenue records as evidenced at annexure-'c' to 'p. At Annexure-H tahsildar passed an order to delete the name of the petitioner on three grounds viz., there is nothing to show that the petitioner was in possession and enjoyment of the land in question (2) nothing to show that the land was granted to him or any one else at any time (3) no evidence to show that t.t. was ever levied. 1. According to the petitioner the alleged spot inspection, a make believe one he has never notified about spot inspection. For these reasons petitioner wants that the order in question be quashed and an opportunity of hearing be given afresh to himself and others who are interested. 2. Petitioner contends when illegality is looms large and order itself is illegal, to drive him to exhause an alternative remedy of filing an appeal before the assistant commissioner will be an empty formality.

(3.) thirdly: when this court can on the material available can come to a conclusion, about the illegality or otherwise of an order under challenge in a given case.