STATE OF KARNATAKA Vs. B R KRISHNAIAH

JUDGEMENT

(1.) THESE writ appeals arise out of common judgment passed by the learned Single Judge dated 7-3-2002 in W. P. Nos. 21666 and 21795 to 21798 of 2001 and 23661 of 2001 filed by the State and the grantee (educational institution ).

(2.) THE essential facts of the case in brief leading upto these appeals are as follows. The President, New Horizon Educational Institution trust (hereinafter called 'educational institution') (appellant in W. A. Nos. 4774 to 4779 of 2002) made a representation to the Chief Minister of Karnataka Government requesting for grant of 7 acres of land in Sy. No. 14 of Kadubisanahalli Village, Varthur Hobli, Bangalore South taluk. The Government by communication dated 28-4-2001 granted prior approval for sanction of land for establishing Engineering College, sports Complex, Auditorium and for other educational purposes. On that basis the Deputy Commissioner invoking Rule 97 (4) of Karnataka land Reforms Rules (hereinafter called the 'rules') sanctioned 3 acres 12 guntas of land in Sy. No. 14 of the said village subject to the conditions mentioned in official memorandum dated 28-5-2001.

(3.) AGAINST the grant to the educational institution, Writ Petition Nos, 21866 and 21795 to 21798 of 2001 were filed alleging that the petitioners are landless scheduled caste persons in unauthorised occupation cultivating different extents of land measuring from about 20 guntas to one acre. Therefore, without considering their pending application for regularisation and as no gomai land can be granted, the grant is liable to be quashed.