SRI BALAKRISHNARAI Vs. DEPUTY COMMISSIONER HASSAN

JUDGEMENT

(1.) People who come to this Court invoking writ jurisdiction but based on misrepresentation either on facts or on legal position are persons who deserve no relief in the extraordinary discretionary jurisdiction in a petition under Articles 226 and 227 of the Constitution of India.

(2.) Writ Petitioner claims to be a person, who has purchased an extent of 1 acre 20 guntas of land in Sy. No. 146 of Balagodu Village, Belagodu Hobli, Sakaleshpura Taluk, Hassan District as per the sale transaction dated 3.11.2004, said to have been executed by one Mr. Nagaraj, S/o. Deveeraiah who is the original grantee of the very village, is further claiming that he had been granted an extent of 3 acres 5 guntas in this survey number as per a grant order DCPR 372/81-82 dated 21.6.1982, as noticed somewhere during the year 1985 or earlier as reflected in saguvali chit dated 19.8.1985 (copy produced as Annexure A to the petition).

(3.) It is the version of the Petitioner that the said Nagaraj while sold an extent of 1 acres 20 guntas of this land, another extent is sold by the very person in favour of some 3rd party and when the Petitioner based on such sale transaction made efforts to get his name entered in the revenue records, to the extent of interest acquired by him, while it did not prove fruitful and while the Tahsildar was inclined to pass orders to mutate the revenue records in the name of the Petitioner, some of the villagers it appears disputed the boundaries of the land granted in favour of the said Nagaraj etc., but nevertheless Tahsildar over ruled the objections and having mutated the entries, the villagers pursued the matter before the Asst. Commissioner who thought it proper not merely for deleting the name, but also, having found that the grantee had violated the condition of the grant, of not using the land within three years from the date of the grant thought it proper to cancel the grant itself, i.e., how the Petitioner is aggrieved by the order dated 15.06.2006 (copy produced as Annexure-F).