ABDUL BASHEER SAB Vs. STATE OF MYSORE

JUDGEMENT

(1.) The question involved in this pefition under Art.226, is of considerable importance and that is, whether under the Karnataka Land Revenue (Amendment) Rule, 1960 (hereinafter referred to. as 'the Rules'), the Dy. Commr. of a district is competent to resume land for contravening the terms of its grant.

(2.) The facts leading up to this petition are In 1962, the Tahsildar Shimoga. Taluk granted two acres of land each to some of the landless residents of the village. The grant was made at an upset price of Rs.25 per acre followed by the issuance of grant certincate in which it was staged that the grantees shall not alienate the land for 15 years. The grantees remained in. possession for about 6 years, and thereafter, they sold their land to the petitioner for valid consideration.

(3.) On coming to know of the alienation, the Dy. Commr. issued notices to the grantees to show cause why the land granted to them, should not be resumed. In the enquiry held by Mm, the petitioner was also heard in the matter. He resisted in vain, the action of the Dy. Commr who by his order dt.20th Feb. 1971, cancelled the said grants and resumed the land free from all encumbrances with a direction to evict the petitioner therefrom.