L R SALDHANA Vs. STATE OF MYSORE

JUDGEMENT

(1.) Ten acres of Government land in survey number 129 of Byredevara Village of Koppa taluk was purchased by the petitioner L. R. Saldhana in a revenue auction sale held on 18-11-1947. Saguvali chit pursuant to the sale was issued in favour of the petitioner and he was put in possession. According to the petitioner, there are small pockets of Government lands in survey Nos. 130, 131, 132, 133, 134 and 136 of the said Byredevaru village interspersed between the lands of the petitioner. In the bona fide belief that the said pockets which measured 10 acres and 34 guntas formed part of his holding, he raised coffee and cardamom plants on the said lands.

(2.) In about 1955, the Revenue Officers came to know of the said encroachment made by the petitioner and steps were taken to levy and collect T.T. fine and also to evict him. Thereupon, he applied on 31-3-1959 to the Assistant Commissioner, Tarikere Sub Division setting out the above facts praying for stopping the eviction proceedings and to grant the encroached lands.

(3.) On the said application, the Special Assistant Commissioner for Disposal of Dharkhast, Chickmagalur District on 24-12-1962 made a recommendation to the Deputy Commissioner, Chickmagalur District that the extent of the above 10 acres and 34 guntas of land in Survey Nos. 130, 131, 132, 133, 134 and 136 aforesaid may be granted and confirmed in favour of the petitioner for coffee plantation at the penal upset price of Rs. 75 per acre after changing the tenure from Bagayat to Coffee since there are coffee plants of about 12 years on the lands. Copy of the said recommendation is marked as Ext. 'C' to the writ petition. The Deputy Commissioner is alleged to have accepted the reoommendation of the Special Assistant Commissioner and recommended to the Divisional Commissioner, Mysore Division, to confirm the grant in favour of the petitioner. On the said recommendation the Divisional Commissioner (Respondent No. 3) accorded sanction for the grant of an extent of 10 acres and 34 guntas in the aforesaid numbers in favour of the petitioner for coffee plantation at penal upset price of Rs.300 per acre. He further ordered that the sale of 10 acres of land out of survey number 129 of Byredevaru village in the revenue auction held on 18-11-1947 should now be cancelled and the amount paid by him as purchase money should be set off against the amount now to he recovered.