K L KRISHNA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Heard the learned Counsel appearing for the petitioner and the learned Government Pleader and the learned Counsel appearing for the contesting respondents. According to the learned Counsel for the petitioner, the land to an extent of 10 guntas in Survey No. 739 of Keragodu village, Mandya Taluk, which is abutting his own land, has been granted to him pursuant to he filing Form 50 claiming granting of land for the purpose of better cultivation. Accordingly, the Revenue authorities after obtaining 'No Objection' from the Irrigation department, issued the Grant Certificate in favour of the petitioner as per Annexure-'B'. After lapse of more than 15 years, the contesting respondents filed an appeal before the Assistant Commissioner praying for cancellation of the grant on the ground that the land is a park area and is needed for public purpose. The Assistant Commissioner on detail enquiry, came to the conclusion that the land granted to the petitioner is in accordance with law. The order of the Assistant Commissioner was challenged before the 1st respondent-Deputy Commissioner in R.A. No. 7/ 2011 and the Deputy Commissioner passed the impugned order dated 4.2.2013, setting aside the order of the Assistant Commissioner. Hence, the petitioner is before this Court seeking quashing of the order of the Deputy Commissioner and also on various other grounds.

(2.) According to the petitioner, he has developed this land as garden land and also after obtaining permission from the Irrigation Department as the land was situated at the tank bund area, as such, the order passed by the Deputy Commissioner is not sustainable.

(3.) According to the learned Counsel appearing for the contesting respondents, the land granted to the petitioner forms part of the canal which is adjacent to the land of the petitioner. Survey No. 739 consists of totally 340 acres and out of which, 10 guntas of land belongs to the tank situated in Keregodu village. He has produced the photographs which depict that the granted land is situated at the tank bund area. In that case, the order is passed by the Deputy Commissioner after issuing notice to the respondents. There appears to be no violation of principles of natural justice. However, the reason assigned by the Deputy Commissioner is that the land forms part of the tank area and such being the case, if any grant is made contrary to the Grant Rules and without verifying the facts by the Revenue authorities, that would not be sustainable. Hence, there is no illegality in the order passed by the Deputy Commissioner. Further, the land in question is in tank bund area and the grant made in that regard is illegal. It is the contention of the petitioner that it is not a tank area. Therefore, the concerned Tahsildar is hereby directed to conduct a survey of the entire land of 340 acres in Survey No. 739 and if it is found that there is encroachment, by issuing necessary notice to all such persons, take possession of the property and also initiate criminal action against those encroachers if they dodge the taking over of possession. If the land granted to the petitioner does not form part of the tank area, then, his land may be excluded/protected. The survey shall be conducted within two months from the date of receipt of copy of this order and report compliance in that regard to this Court i.e., removal of encroachment and to protect 340 acres in Survey No. 739 of Keregodu village, Mandya Taluk.