STATE OF KARNATAKA, BY SECRETARY TO GOVERNMENT REVENUE DEPARTMENT AND THE DEPUTY COMMISSIONER Vs. W.M.L. SALDHANA, B. SALDANHA, BOTH S/O I.A.L. SALDANHA, REPRESENTED BY THEIR POWER OF ATTORNEY HOLDER SRI. M.W.L. SALDANHA AND DR. M.J. SALDAHNA@RE

JUDGEMENT

(1.) APPELLANTS are the Petitioners in the writ petition being aggrieved by the order dated 9 -6 -2006 made in W.P. No. 4523/2002 passed by the learned Single Judge dismissing the writ petition filed by the Petitioners confirming the order dated 16 -1 -2001 passed by the Karnataka Appellate Tribunal in Appeal No. 158/1999 have preferred this writ appeal.

(2.) THE State Government filed a writ petition before this Court challenging the order dated 16 -1 -2001 passed by the Karnataka Appellate Tribunal in Appeal No. 158/1999 wherein the Appellate Tribunal set aside the order dated 16 -2 -1999 passed by the Deputy Commissioner, Chikkamagalur and directed to restore the katha to an extent of 162.02 acres of land in favour of the Respondents, interalia contending that the order passed by the Appellate Tribunal is contrary to law.

(3.) THE Respondents have admitted that their mother surrendered the land in dispute on 28 -3 -1935 and mutation entry has been made immediately thereafter in respect of 214 acres 30 guntas of land. However, the Appellate Tribunal taking into consideration the entry made in M.R. No. 1/40 -41 came to the conclusion that the land has been forfeited by the State Government for arrears of the land revenue. The Appellate Tribunal without considering the relevant records came to the conclusion that the land in question was forfeited by the State Government for arrears of land revenue in the year 1935. It is further observed that even if the land is surrendered by the mother of the Respondents, the Respondents are entitled for restoration of katha and also held that the Respondents have been in possession of 162 acres and 2 guntas of land and the said land has not been granted by the State Government to any person. Accordingly, by its order dated 16 -1 -2001 allowed the appeal setting aside the order dated 16 -2 -1999 passed by the Deputy Commissioner directing the Deputy Commissioner to restore the katha in respect of land bearing Sy. No. 2, to the extent of 162 acres and 2 guntas of land in favour of Respondents after collecting the entire arrears of land revenue and other dues. Being aggrieved by the said order, the Petitioners filed W.P. No. 4523/2002 contending that the mother of Respondents has surrendered the land by way of Rajiname to an extent of 214 acres 30 guntas of land. Out of the said land, 20 acres is kharab land and 35 acres of land has been granted in favour of third party and the total extent of the land available is 162 .02 acres and the said land has not been cultivated for the last 65 years. The said land is hilly and not suitable for coffee cultivation and it is very close to the Western Ghat and there is no approach road also. Further contended that when once the land has been surrendered to the State Government by Rajiname, the question of applying Clause 52 of the Mysore Land Revenue Code or Rule 119 of land Revenue Rules will not arise. learned Counsel also submitted that there is an inordinate delay in filing the application.