(1.) This is a petition under Article 226 of the Constitution of India, praying for the issue of a writ in the nature of certiorari quashing the order of the Mysore Revenue Appellate Tribunal Bangalore, in Appeal No. 1418 of 1969 (MLR) dated 31-12-1969 and the Order of the Deputy Commissioner, Belgaum. in BB/LNA. 1/2452 dated 19-8-1969.
(2.) The few facts relevant for our present purpose are as follows: The petitioners are the owners of S. No. 1375/2A of Belgaum, situate on the outskirts of the City. They applied on 10-5-1968 to the Deputy Commissioner, Belgaum. for permission to use 28 guntas 12 1/2 annas extent of that land for a non-agricultural purpose. It is their case that a plan was submitted in regard to the said land for construction of a building for a 'commercial' purpose. The Deputy Commissioner granted permission on 13-9-1968 in his Order No. RB/ LNASR. I. in exercise of his powers under Sections 95 and 98 of the Mysore Land Revenue Act. 1964. The petitioners, thereafter applied to the Municipal Commissioner, Belgaum, for the issue of a licence for erecting the necessary building and installing a 'Granulating' (Stonecrusbing) Machine. Consequently, the said machinery came to be installed. On 20-2-19G9, the Tahsildar Belgaum. respondent-2 herein, issued a notice to the petitioners calling upon them to show cause why action should not be taken against them for having contravened the conditions attached to the permission granted by the Deputy Commissioner for the use of the land for a non-agricultural purpose. On 5-3-1969 the Deputy Commissioner. Belgaum, in his letter No. RB/LNA. I 2452, called upon the petitioners to show cause why action should not be taken against them in accordance with the terms and conditions under which permission for non-agricultural use was granted. It was specifically stated therein that the petitioners had contravened condition No- 6 of the terms and conditions of such grant. It was also stated therein that the hearing of the case had been set down to 18-3-1969 at 3 p.m., at Belgaum and if the petitioners desired to be heard in person they should present themselves on that day. The petitioners furnished reply, a copy of which is produced herewith as Ex. G.. wherein they have contended that they had not contravened condition No. 6 and that if any such contravention had in fact taken place, the same might be condoned and regularised. It is relevant to observe that they have not asked for a personal hearing in any case. The matter was considered by the Deputy Commissioner and an order was made on 19-8-1969 to the effect that the petitioners had contravened Condition No. 6 of the Order granting permission, and therefore, he directed them to remove the 'Granulating' machine within three months from the date of that Order and also to pay a penalty of Rs. 100/-within one month from the date of the receipt of intimation of the said order. Aggrieved by this order, the petitioners preferred an appeal before the Mysore Revenue Appellate Tribunal, Bangalore, in Appeal Nos. 1408 and 1418 of 1969 (MLR) and were unsuccessful therein. Hence, this Writ Petition.
(3.) Two contentions were urged in support of the petition by Sri G. D. Shirgurkar. the learned counsel appearing on behalf of the petitioners. They are : (1) that in the plan submitted to the Deputy Commissioner. Belgaum, it was specifically mentioned that the buildings were intended for 'commercial' purposes, and therefore, the installation of the machinery therein was permissible and there was no contravention of condition No. 6 attached to the grant of permission for the conversion of the land for non-agricultural purposes; and (2) that in view of the fact that permission is granted by the Municipal Commissioner, Belgaum. for the erection and installation of the building and the machinery, within the meaning of condition No 7 of the grant in their favour made by the Deputy Commissioner, no blame could be attached to the petitioners on the ground of any contravention of condition No. 6 had occurred. In other words, condition No. 6 and No. 7 must be read together and condition No. 6 would stand overridden if condition No. 7 was complied with.