SRI VEERA SWAMY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Writ Petitioner claims to be a person belonging to scheduled casts community and on such premise an extent of 3 acres of land in Sy. No. 164 located at Duglapur Village, Tarikere Taluk, Chikkamangalore District, it appears had been granted in favour of the Petitioner as is claimed and is evidenced by saguvali chit dated 21.12.1978 (copy produced as Annexure-E to the petition).

(2.) It appears the Asst. Commissioner cancelled the grant in terms of an order dated 27.2.1960 (copy-produced as Annexure-C to the petition) on the premise that the writ Petitioner was not a person without any agricultural holding, but he did have some lands in his holding.

(3.) The Asst. Commissioner also found that the grant itself was irregular as the authorities had not been convinced about the unauthorized occupation and cultivation of the subject land by the writ Petitioner and the grant proceedings did not indicate any fine having been levied on the Petitioner due to unauthorized occupation and cultivation of the subject lands and that the Tahsildar did not even satisfy himself of this position. The Asst. Commissioner also observed that the subject granted land had not been properly surveyed and on the other hand the Revenue Inspector had prepared a rough sketch and on such premise the land appears to haws been granted as per the order dated 21.12.1978 contrary to the government order in respect of the persons who are in unauthorized occupation and cultivation and for grant of such lards in their favour etc.