THIMME GOWDA @ CHANDRU, S/O GIRIYAPPA MAJOR Vs. THE DEPUTY COMMISSIONER, TUMKUR DIVISION, TUMKUR, THIMMAIAH SINCE DEAD BY L.RS., SMT.NANJAMMA S/O LATE THIMMAIAH, SRI. M.T. THIMME GOWDA S/O LATE THIMMAIAH AND SRI. THIRUMALE GOWDA S/O LATE THIMMAI

JUDGEMENT

(1.) ORDER dated 27.03.1999 passed by the Assistant Commissioner, Tumkur Sub -Division, in R.A.No.11/97 -98 as affirmed with some modification by the Deputy Commissioner in Appeal No. 9/2000 -01 vide his order dated 03.09.2001 is called in question in this writ petition. Petitioner was in unauthorised occupation of the land bearing Sy. No. 40 measuring 3 acres 10 guntas situated at Mangala Village, Yedur Hobli, Kunigal Taluk of Tumkur District. He made an application seeking regularisation of the unauthorised cultivation of the land. The committee constituted for regularisation of unauthorised cultivation resolved to grant the said land vide order dated 09.08.1994. Mutation entry came to be effected based on the grant as per M.R.No.22/93 -94 entering the name of the petitioner as khatedar.

(2.) THE order granting the land in favour of the petitioner was called in question before the Assistant Commissioner by respondents 2 and 3 herein contending inter alia that the land was required for burial ground and the regularisation/grant made in favour of the petitioner was illegal as the petitioner was in possession of several other lands. The Assistant Commissioner by his order dated 27.03.1999 found that as the petitioner was holding an extent of 7 acres 36 guntas of land, he was not entitled for regularisation of his unauthorised occupation of 3 acres of Government land in Sy. No.40. The Assistant Commissioner further found that as the land was required by the villagers for burial ground, the grant made in favour of the petitioner had to be set aside. Accordingly, the Assistant Commissioner passed the order vide Annexure -D. This was challenged by the petitioner before the Deputy Commissioner contending inter alia that he did not possess/own any land much less to make him as a sufficient holder disentitling him from seeking regularisation and that the Assistant Commissioner was in error in reserving the land in question for burial ground.

(3.) I have heard the learned counsel for the parties and carefully perused the impugned orders and all the materials on record.