CHEEKERE KARIYAPPA POOVAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) this petition in the first instance was referred to a division bench consisting of Mr. Justice n. Venkatachala and Mr. Justice k. Shivashankar bhat, by order of the learned single judge, hanumanthappa, j., dated 4-7-1991. The division bench in turn by order dated 4-10-1991 referred it to a special bench. This is how it has been placed before this bench for disposal. It was to be heard with writ appeal No. 956 of 1990, which is already disposed of by us by a separate judgment. (Machettira Machaiah v Machettira Kariappa)

(2.) so far as this petition in concerned, the points that arise for our consideration are as under:

(3.) in order to appreciate the grievances posed by the petitioners, it is necessary to note a few introductory facts leading to these proceedings. Seven petitioners have made a grievance against respondents state of Karnataka and its officers viz. The deputy commissioner of kodagu district, madikeri, the tahsildar - virajpet taluk in the same district and the revenue inspector of srimangala hobli, virajpet taluk of the same district. The grievances centre round certain written instructions and observations contained in government letters ex.d. and e and memo ex. F. To the petition. Annexure-D is a copy of the letter dated 10-12-1981 written by the revenue commissioner and secretary to the government of karnataka, revenue department, vidhana soudha, Bangalore, to the deputy commissioner, kodagu district. It recites that bane lands including jamma-bane lands are government lands. The holders of bane lands enjoy certain privileges to extract green leaf and timber etc., for the better cultivation of their warg (wet) lands. The bane holders have no proprietary right over the bane lands. Letter Annexure-E is a copy of the government letter from the revenue commissioner and secretary to government of karnataka, revenue department addressed to all the deputy commissioners in the state. It is dated 20th november, 1986. It calls for certain information about the lands, the alienation of which is prohibited. This information is to be furnished to the concerned sub-registrars. Information is to pertain to lands granted, inam lands and other lands. It is to be supplied to sub-registrar to enable him not to register the transfer of these lands. The memo Annexure-F is issued by deputy commissioner, kodagu district, madikeri, calling upon the tahsildars to inform the sub-registrars to refuse to register the documents and sale deeds relating to sale of lands held on jamma tenure and jamma-bane lands covered under Rule 164 of coorg land and revenue Regulation, as according to deputy commissioner such lands cannot be alienated without the prior permission of the authorities. The letter calls upon the tahsildars to impress upon the sub-registrars that such deeds should not be received for registration and to refuse to register the documents so presented and public also to be informed about this situation.