PUTTAMMA Vs. DEPUTY COMMISSIONER, SHIMOGA DISTRICT

JUDGEMENT

(1.) The appellants herein, questioning the correctness or otherwise of the order impugned passed by the learned Single Judge, in Writ Petition No. 32766/2009 (KLR-RR/SUR) dated 12th November 2009, have presented this writ appeal. In the said writ petition, the appellants herein had sought for quashing the order dated 2nd July 2009 in Regular Appeal No. 24/2006-07 passed by the first respondent vide Annexure A and consequently orders dated 24th November 2003 dated 19th December 2006 at Annexures B and C to the writ petition. The said writ petition was dismissed by the learned Single Judge as being devoid of merits. Being aggrieved by the said order of the learned Single Judge, the appellants have presented this appeal seeking appropriate reliefs, as stated above.

(2.) Brief facts of the case in hand are that, the appellants have contended that the husband of the first appellant and the father of appellant Nos. 2 to 5 herein, i.e. deceased K.M. Gopalappa had filed the application for grant of land measuring an extent of 02 acres in Sy. No. 31/16 in Korla halli Village, Shimoga Taluk. The said application was considered by the third respondent - Tahsildar, Shimoga Taluk and granted the land by his order dated 15th February 1980 bearing No. LND.SR.636/1978-79. Thereafter, Grant Certificate (Saguvali Chit) was also issued to the deceased K.M. Gopalappa on 27th July 1980 to that effect. Further, it is the case of the appellants that, during the lifetime of late Gopalappa, the said land has been in continuous possession and enjoyment of himself and his family members and he has been cultivating the said land till his death. After the death of deceased Gopalappa, the said property has been succeeded by all these appellants, being his legal representatives.

(3.) Be that as it may, taking undue advantage of the fact that the deceased Gopalappa was a handicapped person, respondents 3 to 15 and some other inhabitants of the said village encroached some portion of the land and by force constructed residential buildings therein. At that stage, deceased Gopalappa had filed civil suit against the encroachers. The respondent Nos. 3 to 15 and other encroachers and other inhabitants of the locality made a complaint before the Tahsildar, the third respondent herein, stating that the original grantee, late K.M. Gopalappa had sold the granted land within the prohibition period contrary to the terms and conditions of land grant. After receipt of the complaint, the third respondent initiated the proceedings in proceedings No. LND(2)VIVA 334/2001-02, after issuing notice and giving opportunity to deceased K.M. Gopalappa and these appellants and after obtaining the report from the Revenue Inspector, who was in-charge of the village, passed the order, holding that the deceased K.M. Gopalappa has suppressed the material fact that, he was in employment in the Sugar Factory and getting substantial salary and also he was an holder of agricultural land to an extent of 04 acres 38 guntas and accordingly, cancelled the grant, by his order dated 24th November 2003. Assailing the correctness of the order passed by the third respondent, the original grantee, i.e. deceased K.M. Gopalappa filed an appeal before the second respondent - Assistant Commissioner, in Regular Appeal No. 21/2003-04 and the second respondent, in turn, after considering the entire material available on file and after affording opportunity to the parties, through their counsel dismissed the appeal filed by the original grantee, deceased K.M. Gopalappa, confirming the order passed by the third respondent, by his order dated 19th December 2006. Being aggrieved by the order passed by the Assistant Commissioner, dated 19th December 2006, deceased K.M. Gopalappa filed an appeal in R.A. No. 24/2006-07 on the file of the first respondent - Deputy Commissioner, Shimoga District. Shimoga.