STATE OF KARNATKA Vs. NARASIMHA

JUDGEMENT

(1.) This intra-Court appeal is filed by the State Government challenging the order dtd. 13/1/2021 passed in W.P.No.61563/2011 (LA-RES) by the learned Single Judge, whereby, petition filed by the respondent No.1 was allowed.

(2.) Brief facts giving rise to the filing of this appeal are that, the respondent No.1 invoked the jurisdiction of writ court under Article 226 of the Constitution of India, seeking prayer to issue writ in the nature of mandamus directing the revenue authorities to restore the possession of the land or pay compensation. It is averred that, the respondent No.1 is the owner, in lawful possession of agricultural land in block No.33 measuring 5 acre 24 guntas in Saidapur village of Dharwad taluk. He was working in Indian Air force, hence, he could not cultivate the land in question. At the request of respondent No.1, the State Government took over the possession of the land for the management under Sec. 65 of the Bombay Tenancy and Agricultural Land Act, 1948 by passing an order dtd. 24/2/1960.

(3.) The land in question was allotted to one Sri.A.A.Morab by the revenue authorities for cultivation of land for a period of ten years and after expiry of the period the original owner i.e. the respondent No.1 requested the Assistant Commissioner, Dharwad to restore the land in question. Pursuant to the said request the Assistant Commissioner vide order dtd. 21/6/1971 ordered for restoration of land in favour of respondent No.1. The allottee of the land Sri. Morab assailed the order dtd. 21/6/1971 before the appellate authority. The appeal came to be dismissed. After dismissal of the appeal the allottee filed O.S.No.19/1973 before the Munsiff Court, Dharwad, challenging the order of the Assistant Commissioner dtd. 21/6/1971. The suit came to be dismissed. Being aggrieved by the dismissal the allottee filed R.A.No.15/1975 on the file of Additional Civil Judge, Dharwad. The said appeal was also dismissed on 30/9/1978.