YALLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners who claim to be the legal representatives of late Sankappa Yallappa Bangadi have preferred this writ petition seeking for the following reliefs:

(2.) Heard the learned counsel for the parties and also perused the material on record.

(3.) Facts leading to filing of this petition as revealed from the records narrated briefly are; the land bearing Sy.No.133 measuring 22 acres 1 gunta situated at Hebballi village of Dharwad taluk, is a saranjam inam land and the said land was granted in favour of Sri.Sankappa Yallappa Bangadi, who was the tenant in occupation and cultivation of the said land under a grant order dtd. 10/6/1959 at Annexure-D. The said grant order was subject to payment of offset price by the grantee within a period of two years and to give kabulayat. It appears that the original grantee had failed to pay offset price in compliance of the conditions of the grant order. It is under these circumstances, the Divisional Commissioner, Belagavi had forwarded the proposal for cancelling the grant order made in favour of Sankappa Yallappa Bangadi and grant the land in question in favour of D.K.Heblikar, who was the defendant of the saranjamdar of the land in question. Considering the proposal, the Government of Mysore had accorded sanction on 26/1/1969 vide Annexure-R3 to re-grant the land in favour of D.L.Heblikar by cancelling grant already made in favour of Sankappa Yallappa Bangadi after terminating his tenancy.