G.RAMA MOHANA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned AGA takes notice for all the respondents.

(2.) The petitioners, who are the children of late Sri Narayana Bhat are before this Court being aggrieved of the impugned order dtd. 12/2/2024 at Annexure-A passed by the Assistant Commissioner, Mangaluru Sub Division, rejecting their application for permanent grant of 4 acres and 40 cents of land in Sy.No.208/1 of Manjanadi Village, Ullala Taluk.

(3.) Previously the petitioners were before this Court in W.P.No.2690/2020 (KLR-LG) seeking a direction to the respondent/authorities to grant permanent lease in favour of the petitioners, having regard to the fact that Sri Narayana Bhat was conferred temporary lease of the land in question by order dtd. 14/5/1958 under the provisions of the South Kanara District Lease of Lands for Cashew Cultivation Rules, 1957 (for short 'the 1957 Rules'). In terms of the provisions of the said Rules, if the lessee has cultivated the lands in terms of the grant and has continued for a period of more than 30 years, he/she is entitled to seek permanent grant of the land. This Court by order dtd. 9/10/2023 held that the competent authority must take note of the report of the Assistant Commissioner dtd. 21/3/1995 as well as the order of the Deputy Commissioner dtd. 14/11/1995 and thereafter, proceed to consider the application of the petitioners and dispose of the same in terms of Rule 23A of the Karnataka Land Grant Rules 1966 (for short 'the 1966 Rules') and this Court also directed that regard shall be had to the extent of land bearing in mind Sec. 63 of the Karnataka Land Reforms Act, 1961 (for short 'the 1961 Act'). Consequent to the orders passed by this Court the Assistant Commissioner passed the impugned order dtd. 12/2/2024 (Annexure-A) rejecting the application of the petitioners on the ground that the land in question is within the prohibited distance of 10 kms from the boundary of the Mangalore City Corporation and in terms of Rule 22A of the Rules, 1966, such lands which are within the prohibited distance from the boundary of Municipal Corporation, cannot be granted.