H.R. SURESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appeals (WA.No.218/2025, WA.No.223/2025 and WA No.225/2025) are filed by the unsuccessful writ petitioner. Writ Petition No.1343/2025 is filed by the State. In all the appeals the common order dtd. 24/1/2025 passed in WP.No.13192/2023, WP.No.13200/2023 and WP No.13239/2023 are impugned. BACKGROUND FACTS.

(2.) Sri Anjanappa and Smt. Koramara Venkatamma were permitted to cultivate an extent of 2 acres each in Survey No. 259 from the year 1951-1952 under the Grow More Food Scheme [GMF scheme]. The said GMF scheme was commenced vide a Government Order [GO] dtd. 11/4/1992 issued by the then General and Revenue Department of the Government of Mysore in the background of shortage in the production of food and fodder whereunder, in order to incentivise an increase in production, it was decided to put unoccupied irrigatable lands, which had not been put into cultivation and the Deputy Commissioner was permitted to lease the said lands for a period not exceeding three years with concession and payment of assessment and thereafter give an option to the said persons for purchasing the land at a reasonable upset price at the end of the lease. Subsequently by GO dtd. 13/6/1942, it was ordered that the upset price would not exceed the value of the land at the time when it was given for cultivation and if possible, the upset price would be intimated in advance when permission was granted to cultivate the lands. Subsequently, by GO dtd. 30/6/1964 it was decided to grant the land for five years on lease whereunder, the first two years would be free of assessment, the third and fourth years would be half assessment and the fifth year would be full assessment.

(3.) An extent of 2 acres of land granted to Smt. Koramara Venkatamma was vide order No.LND.SR(3)-310/60-61 dtd. 21/5/1961. The said extent of 2 acres in Survey No. 259 was at Sl.No.22 and hence, was numbered as Survey No.259/22. The Grant conferred in favour of Anjanappa was vide No.LND.SR (2)- 225/60-61 dtd. 21/1/1966, of an extent of 2 acres in Survey No.259 which was at Sl.No.18 and hence, numbered as Survey No.259/18.