UMESH N DIVAGI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS writ petition is filed being aggrieved by the order passed by the deputy Commissioner, Uttara Kannada, karwar. dated 9-1-2006 wherein the Deputy commissioner has dismissed the revision and confirmed the order passed by the Assistant commissioner.

(2.) IT is the contention of the petitioners that the petitioners are the owners of the land comprised in Sy. No. 190/1 measuring 3 acres 14 guntas and 190/4 measuring 4 acres 5 guntas of Divagi Village, Kumta Taluk, Uttara kannada District. The lands belong to the petitioners' predecessors who were cultivating the said lands from time immemorial. However, the Assistant Commissioner by his order dated 26-8-1951 taken over the possession of the lands under the provisions of the bombay Tenancy and Agricultural Lands Act, 1948 on the ground that the lands were fallow and gave the lands to one Sinjanv Simanv fernandas on lease for a period of 10 years and the ownership of the lands remained with the owners of the land i. e. the predecessors of the petitioners and only the management of the lands in dispute was given to Mamledar kumta and accordingly mutation entry No. 1206 dated 26-10-1956 has been made after coming into force of the Act. The said lessee filed form No. 7 for grant of occupancy right, which was rejected by the Land Tribunal and was confirmed by this Court in 45161/1999 dated 15-11-2002 as per Annexure-"e" to the writ Petition and thereafter the petitioners made an application for restoration of the said lands. The Assistant Commissioner rejected the said appeal filed by the petitioners by order dated 20-11-2004. Being aggrieved by the same, the petitioners filed revision before the deputy Commissioner and the Deputy Commissioner dismissed the revision holding that even though the application in form No. 7 is rejected, the lessees are in possession of the lands pursuant to the lease and wherefore question of restoring the lands does not arise.

(3.) I have heard the learned counsel appearing for the petitioners.