REVANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The case of the petitioners is that they were in un- authoritized cultivation and occupation of certain lands in Sy.No.31 of Nandipura Village, Channarayapatna Taluk. Subsequently, they were granted the said lands by the Government. However, at the behest of villagers the grant was withdrawn on the ground that the land is part of tank bed area. The same was challenged by the petitioners by way of W.P.No.16462/2021. This Court came to the conclusion that there is no error in the order of canceling the grant of land made in favour of the petitioners. However, under the given facts and circumstances of the case, it was ordered that the jurisdictional Tahsildar and Deputy Commissioner should identify the alternative lands and pass necessary orders of granting the said lands in favour of the petitioners as expeditiously as possible and at any rate within a period of six months from the date of receipt of copy of the order. However, as the same has not been complied with, the petitioners have filed the present writ petition contending that unless they are granted alternative lands, they should not be dispossessed of the lands cultivated by them and they have prayed for the following reliefs:

(2.) The learned AGA upon instructions submits that the respondents are in the process of identifying the alternative lands and allotting same to the petitioners. However, he contends that the petitioners cannot be permitted to be in possession of the present lands till such alternative land is allotted. It is submitted that no such right is conferred on them by the decision of this Court in W.P.No.16462/2021. It is also submitted that if the petitioners do not vacate the lands concerned immediately, due to the ensuing monsoon season there would be problems as the lands form part of a tank bed area and prays for dismissal of the writ petition.

(3.) Paragraphs 10, 11, 12 and 13 of the judgment in W.P.No.16462/2021 reads as under: