M.D. MAHESH S/O LATE P.V. DEVARAJ Vs. THE SECRETARY DEPARTMENT OF REVENUE STATE OF KARNATAKA AND OTHERS

JUDGEMENT

(1.) THROUGH the instant order, we propose to dispose of W.P. Nos. 33344 -45/2010 and W.P. No. 6426/20 11. Even though the controversy raised in the instant writ petitions was subject matter of challenge earlier at the hands of the Petitioner herein, it is not relevant to make a reference thereto. Suffice it to state, that the land measuring 301.33 acres comprised in Sy. No. 22 of Kachenahalli village, Kasaba hobli, Magamangala Taluk, Mandya District, is the subject matter of consideration.

(2.) OUT of the aforesaid land, vide notification dated 05.03.1982, 256.19 acres were transferred to the Department of Forest for afforestation. Consequently, mutation to the aforesaid effect came to be entered in the revenue records. The balance area of 45.14 acres, out of the erstwhile 301.33 acres comprised in Sy. No. 22 referred to hereinabove, remained with the Revenue Department. Out of the balance of 45.14 acres of revenue land, the Petitioner herein was granted a quarrying lease over 13.20 acres on 28.1 1.2007.

(3.) IN the earlier litigation raised at the hands of the Petitioner, merely on account of the fact, that, the leased area was deemed to be the forest area, the claim raised at the hands of the Petitioner came to be declined. The impugned order now issued bearing endorsement dated 22/24.12.2010 (Annexure -L), acknowledges, that the quarry lease granted to the Petitioner in Sy. No. 22/Pl falls in "revenue land". We shall therefore proceed to consider the controversy raised by the Petitioner, by accepting, that the leased area of 13.20 acres held by the Petitioner, falls totally within the revenue area.