MANJUNATH BHANDARY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is knocking at the doors of Writ Court seeking a direction to Respondent Nos. 2 to 6 not to dispossess him without due process of law pending consideration of his application dtd. 8/1/2019 wherein he has sought for the Grant of land i.e., 01-Acre 85-cents in Sy.No.75 & 05 cents in Sy. No.65/2 totally admeasuring 01 Acre 90 cents in Mudashetty Village in Mangaluru Taluka.

(2.) Learned counsel for the Petitioner vehemently argues that his client's father was granted in all a land measuring 22 Acre & 70 cents in both the above survey numbers by the fourth Respondent - Tahsildar and Cashew Agricultural Special Officer vide Proceeding bearing No.RDS 9773/1998; the said land were acquired with the consent of petitioner's father on the oral assurance that a small portion as described in the Schedule was orally assured to be granted by the Tahsildar. In that connection, there is an application is made by his client and some intradepartmental proceedings are also drawn. That being the position, Petitioner should not be dispossessed of the small portion of the land mentioned in the Schedule to the Petition, except by due procedure.

(3.) Learned AGA appearing for Respondent Nos. 1 to 5, notice to 6th Respondent - Zilla Panchayath having been dispensed with, opposes the Petition contending that the question of oral assurance is too farfetched; once the land is acquired, the Grantee does not retain any shades of ownership and therefore, relief of the kind as sought for in the Writ Petition cannot be granted. So contending, he seeks dismissal of the same.