PADMANABHA SHETTY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner made an application seeking for grant of land under Sec. 94-B of the Karnataka Land Revenue Act, 1964 (for short 'the Act'). In other words, he claimed that he was in unauthorised occupation of this land prior to the 14th day of April 1990. This application was in respect of land bearing Sy.No.29/1B(P) in respect of 01 acre 17 cents. The Land Grant Committee considered the application of the petitioner and passed an order recommending the said land to be granted in favour of the petitioner. This recommendation was accepted by the Tahasildar and it is stated that a saguvali-chit was also issued.

(2.) This order of grant was challenged by one Vittala Shetty, by preferring an appeal before the Deputy Commissioner. The Deputy Commissioner took the view that the land sought for by the petitioner could not have been granted without extinguishing the kumki rights that Vittala Shetty (Respondent No.4) possessed. The Deputy Commissioner accordingly cancelled the grant.

(3.) It may also be pertinent to state here that the Deputy Commissioner, in the very same order, also took the view that the characteristics of the kumki land were lost by virtue of the unauthorised occupation of the said land by the petitioner and as a consequence, Vittala Shetty had also lost his privileges over the said land. The Deputy Commissioner accordingly allowed the appeal directing the Tahasildar to take the possession of the land forthwith.