LAWS(KAR)-2004-7-30

SHEKARGOUDA MALLANAGOUDA DESAI Vs. DEPUTY COMMISSIONER

Decided On July 26, 2004
SHEKARGOUDA MALLANAGOUDA DESAI Appellant
V/S
DEPUTY COMMISSIONER Respondents

JUDGEMENT

(1.) PETITIONER claims to be a person who has right as a legal heir to an extent of 3 acres of land granted in favour of his grandfather situated in Belur Village, Badami Taluk, Bagalkot District in terms of Annexure-A, dated 5-2-1945. The purpose of the grant in terms of this order was to put up a building to house a ginning factory and the grant also fixed an occupancy price of Rs. 210/and an annual ground rent of Rs. 37 and 14 Annas computed at the rate of 1/2 pie per square yard subject to certain further conditions.

(2.) IN respect of such land it appears the Deputy Commissioner, Bagalkot District had initiated action for cancellation of the grant which resulted in the order dated 14-12-1998 cancelling the grant. Petitioner had challenged that order by filing an appeal to the Karnataka Tribunal. The appeal also came to be dismissed. Thereafter petitioner had approached this Court by filing W. P. No. 17769 of 2001.

(3.) THE writ petition was allowed as per Order dated 24th October, 2002 (copy at Annexure-C ). The orders passed by the Deputy Commissioner and the Appellate Tribunal were quashed and the matter was remanded reserving liberty to the landowner, namely 'the Government, for recovering the arrears of rent as also the land revenue.