K B UDDE GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India, the petitioner has sought for quashing condition No. 8, found in the certificate of grant Annexure-C on more than one ground. The petitioner is a permanent resident of Kudoorahalli village, Anoor Post, Chickmagalore Taluk, Chickmagalore District and is an agriculturist. In the neighbouring village called Kotevoor village, there were certain lands belonging to the Government available for cultivation. On an application made by the petitioner, three acres of land in Sy. No. 123 of Kotevoor village came to be granted by the second respondent-Tahsildar. As per Annexure-A, the saguvali chit came to be issued by the Tahsildar on 15th November, 1962. The grant of land is in accordance with the provisions of the Karnataka Land Grant Rules subject to certain conditions. One such condition was that the grantee shall not alienate the granted land for a period of 15 years from the date of grant This is a common condition imposed against the grantees in all most all the cases. Secondly, there was one more condition imposed in this case, because the land has potentiality of raising coffee plantation, that the grantee shall obtain a permission from the Coffee Board/within a period of 15 years to raise coffee on the land in question. The other conditions are general conditions that are imposed in a case like this.

(2.) It is the definite case of the petitioner that eveisince the grant of landculminating in the issuance of saguvali chit-Annexure-A on 15-11-1962, be has been in cultivation and enjoyment of the land.

(3.) Pursuant to second condition, the petitioner obtained permission from the Coffee Board and there after the Tahsildar issued one more saguvali chit-Annexure-C in the form of confirmation of grant, with a condition not to alienate land for a period of 15 years.