SAMPU GOWDA HANUME GOWDA Vs. STATE OF MYSORE

JUDGEMENT

(1.) These are three petitions filed under Article 226 of the Constitution of India for issue of writs in the nature of Mandamus, certiorari or appropriate directions to the Government of Mysore on grounds which are substantially the same. These were heard together and may be conveniently disposed of by one order as the principal question raised in it whether Government can review orders regarding grant of agricultural lands. The facts which may be taken as undisputed are that the Petitioner in C. P. 155 of 51-52 was granted 3 acres in S. NO. 24 in Narsipur village, Arsikara Taluk, Hassan District on payment of Rs. 75/-, the appeal preferred by some persons to the Revenue Commissioner objecting to the grant was dismissed on 27-11-1944, that Government also dismissed on 22-2-1946 the appeal filed against the order of the Revenue Commissioner, that the application filed subsequently for review of the order was rejected by Government on 21-12-1949 but on a second petition for review, Government passed on 20-9-1951 an order setting aside the grant of the land to the petitioner and it is alleged that this order was passed without hearing the petitioner.

(2.) In the other two cases the petitioners were in the first instance permitted to cultivate certain lands under the rules framed for the "Grow more food" scheme and later on these were given to the petitioners for upset prices. The petitioners in C. P. 98 of 50-51 were required to pay Rs. 100/- per acre by an order of Government dated 8-2-1951 and the amount payable for 5 acres in S. No. 109 Naganahally village, Malur Taluk, Kolar District, at this rate was deposited by him in Malur Taluk Treasury on 2-3-1950. A saguvali chit dated 25-3-1950 was thereupon issued to him. The grant of 5 Acres has been since modified by an order of Government on 9-9-1950 restricting it to only 2 Acres and directing the sale of remaining 3 Acres in public auction.

(3.) The lands at first in the temporary cultivation of petitioners in C. P. 163 of 51-52 were on 29-4-1949 ordered to be granted to them on payment at Rs. 375/- an acre. The amount was accordingly paid on 24-5-1949. On a petition presented to the Chief Minister subsequently an order purporting to prevent the grantee from entering on the lands is said to have been served on them. The petition is treated as one for review of the previous order by which the grant was made and is still pending.