H R BASAVARAJAPPA Vs. RANGAPPA

JUDGEMENT

(1.) the legality and propriety of the order passed by the deputy commissioner, shimoga dated 24-6-1983 under Annexure-D is assailed in this writ petition.

(2.) the land in question is admittedly abhoodan land which was originally owned by one parvatappa who gifted it away under a scheme launched by the government of Karnataka in 1955 under the name and style of bhoodan and vidyadan for educational institutions. Under the scheme an appeal was made to people to donate lands in order to enable agricultural training to be imparted to the pupils and such lands were taken possession of by the department of the government under valid gift deeds executed by donors in favour of the government. It appears that such lands became government lands and were exempted from the Provisions of Karnataka Land Reforms Act, except under Section 8 for the purpose of rent payable by the lessees. The income realised from the lands was utilised to subserve the aims and objects of the school which included training in agriculture etc. In terms of circulars issued from time to time by the department of the state government.

(3.) the land which was under cultivation of the original owner parvatappa was leased out to different persons every year by the government department and in the instant case it was leased out in favour of respondent-1. These facts are not in dispute. But the dispute arose when order under Annexure-D came to be passed by the deputy commissioner, shimoga granting land in favour of the first respondent because he has been tenanting the lands since 18 years and also because the first respondent was in occupation of 6.35 acres of land as a lessee having 3 brothers in his family. In the course of the Order, the deputy commissioner observed: