H.S.LAKSHMAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) One H.S.Lakshmamma was granted 4 acres 90 cents of land in Sy.No.320/1A of Betoli Village, Virajpet Taluk by a grant order dtd. 14/4/1980 as per the provisions of the Government order bearing No.R.D.105 L.G.P. 77 dtd. 1/9/1977. By an order dtd. 10/10/1996, respondent No.4 cancelled the said grant on the ground that the grant violated the provisions of Karnataka Land Grant Rules, 1969 (for short 'the Rules, 1969'). The said order has been upheld by respondent Nos.3 and 2. Aggrieved by the same, the present writ petition is filed.

(2.) The case of the petitioners is that the grantee has not played any fraud or has not misrepresented before the authorities for getting the grant of the said land. It is further contended that the grant has been made under the Government order bearing No.R.D.105 L.G.P 77 dtd. 1/9/1977 which relaxed the conditions imposed under the Rules, 1969 for making the grant and that the only condition imposed was that the person should be a landless unauthorized occupant. It is contended that the impugned orders do not examine this particular aspect. It is also contended that the cancellation proceedings have been initiated after a lapse of 16 years and it cannot be considered to be within a reasonable time. On the said grounds, it is prayed that the impugned orders be set aside.

(3.) The learned HCGP for the respondents upon instructions submits that the grant has been cancelled on the ground that it violated the conditions mentioned in Rule 4 of the Rules, 1969. However, she fairly submits that the impugned orders have not considered the aspect whether the conditions imposed in Rule 4 of the Rules, 1969 have been relaxed or not in the Government Order dtd. 1/9/1997 bearing No.R.D.105 L.G.P 77.