S MUNIVENKATAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners are the brothers, sisters and children of one late Smt. Narayanamma and her husband late subbaiah. They claim that late subbaiah purchased 3 acres 20 guntas of land in sy. No. 248 of banguvadi village in srinivasapur taluk in the name of his wife Smt. Narayanamma under a registered sale deed dated 19-8-1996. It is claimed that they are in unauthorised occupation of the adjacent land in sy. No. 249 to an extent of 15 guntas and they have filed application seeking regularisation of the same. But, out of sy. No. 249, which is a government land, an extent of 2 acres had been transferred to the education department for purpose of playground of government higher primary school by way of grant under the Provisions of the Karnataka land revenue act and land grant rules of 1969 by the 2nd respondent-deputy commissioner under annexure-a, dated 20-9-1996. Challenging the said Order, the petitioner filed appeal before the Karnataka appellate tribunal. By the impugned order at annexure-b, dated 23-11-2000 the tribunal dismissed the appeal. The petitioners have filed these writ petitions seeking to quash the impugned orders at annexures-a and b.

(2.) THE two grounds raised in support of the writ petition are (1) the impugned orders are violative of principles of natural justice, and (2) the orders are passed without considering the revenue entries in the name of the petitioners.

(3.) THE grounds raised in the writ petition are wholly untenable. In the first place, neither the petitioners nor their parents had any right, title and interest over the land granted under annexure-a. Government being the owner of the said land, it has got every right to grant the same to any deserving persons. The transfer of land is for a public purpose for playground of the government school at the request of the villagers. Hence the same cannot be quashed at the instance of the petitioners.