A.C. SHIVALINGE GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned AGA accepts notice for the respondentsState. The petitioner is compelled to knock the doors of the writ Court apprehending the threat of dispossession at the hands of the revenue inspector, who has issued a show cause notice the petitioner to immediately vacate and hand over possession of the petition land.

(2.) Heard learned counsel for the petitioner and learned AGA for the respondents-State.

(3.) Having examined the records, this Court is convinced that the action taken by respondent No.5 is wholly without jurisdiction and deserves strong condemnation. The petitioner cannot be considered an unauthorized occupant of the land in question, as the petitioner derives his rights through a grant and lease deed executed on behalf of His Excellency, the Governor of Karnataka, in accordance with the provisions of the Karnataka Land Revenue Rules, 1966. The impugned notice dtd. 8/8/2024, issued by respondent No.5, is found to be contrary to the requirements under Sec. 104 of the Karnataka Land Revenue Act, 1964, which pertains to the summary eviction of persons unlawfully occupying land.