NARASAMMA Vs. TAHASILDAR

JUDGEMENT

(1.) The petitioner was granted 2 acres of land in Sy.No.57 of Sultanpete Village, Nandi Hobli, Chikkaballapur Taluk by grant order dtd. 3/5/1956. She requested for conducting phodi and durasthi of her land. The same has been rejected on the ground that she is presently not in cultivation of the said land and that the land is now a forest land. An endorsement to that effect is issued by respondent No.1-Tahsildar (dtd. 29/11/2021 vide Annexure-A to the writ petition). Aggrieved by the same, the present writ petition is filed.

(2.) The learned HCGP for the respondents does not dispute the grant made in favour of the petitioner. However, he submits that upon spot inspection, it was found that the petitioner was not in possession of the property in question but someone else was cultivating the land. It is further submitted the land has been presently earmarked for forest and the petitioner is cultivating a different piece of land and hence, the impugned order is passed.

(3.) Admittedly, the petitioner was granted the land in question for a consideration way back in the year 1956. She becomes the owner of the land by virtue of the said grant. The said land is not acquired by the State in the manner known to law nor is it the case of the State that the petitioner has subsequently transferred the ownership over the land. Under the said circumstances, petitioner is at liberty to seek phodi and durasthi of her land.