H VEERABHADRAPPA Vs. DEPUTY COMMISSIONER BELLARY DISTRICT BELLARY

JUDGEMENT

(1.) The petitioner herein has challenged the Order of allotment of two portions of T. S No 64 situate, in ward No. XXI, Block No. 3 of Eellary Town in favour of the 2nd & 3rd respondents herein, made by the Deputy Commr., Beilary in A. Dis. Rev 16240/ 68-69 R-3. dated 4-7-70. That the aforesaid T. S. No. 64 is a building site is not in dispute. The case of the petitioner is that he himself had applied for the grant of that site on 26-6-1967 on the ground that he was an adjoining owner and his present accommodation was insufficient for his residence. In response to that application, the Assistant Commissioner, Bellary, who it is not disputed, was also a competent authority, sent a reply on 22-5-1970. in E Dis Rev. No. 247/70-71-B, stating that the said T. S. No. 64 was not available for grant as the same was required for the extension of post Office as per the decision of the Members of the Committee for finalisation of vacant sites. Curiously enough, the Deputy Commissioner, Bellary, hardly two months later, has made the impugned order granting 5 cents each to respondents 2 and 3 at a cost of Rs. 1-50 per sq. yd. in addition to a stipulation for payment of ground rent and sub-division fees. Aggrieved by this Order the petitioner has presented this writ petition.

(2.) The principal contention of Sri T. S. Ramachandra. the learned counsel appearing on behalf of the petitioner, is that the Deputy Commissioner had not complied with the requirements of Rule 93A of the Mysore Land Revenue Rules, 1966, as amended by the Mysore Land Revenue (Amendment) Rules, 1967. Specifically, he drew attention to the procedure laid down in sub-rule (3) of the said Rule, whereby a procedure has been prescribed for the disposal of building site by 'private arrangement,' we are of the opinion that this contention must be accepted as correct.

(3.) In the instant case, it is not disputed that the disposal in favour of respondents 2 and 3 is clearly one falling within the category of disposal of sites by "private arrangement" as envisaged in the said Rule. Under sub-rule (1) of the said Rule, two modes are prescribed for the disposal of sites by the Deputy Commissioner. They are: