STATE OF KARNATAKA Vs. R P VASUDEVA

JUDGEMENT

(1.) Shri R.N.Vasudeva (Petr. in WP.922 of 1975), hereinafter referred to as the 'petitioner' was in the IAS Cadre of Karnataka State. He and his family, after partition of the country came to India from Sargoda Dist, which now forms part of Pakistan. The family, which consisted of himself and his brothers, held some garden land in Sargoda Dist. In lieu thereof, they received compensation quite some time back. When he was on deputation with the Central Govt, about 3 acres of land in village Chhatarpur (Delhi) stood in the name of his wife from the year 1965 onwards. The said land was got cultivated by the petitioner through hired labour under his own supervision. Expecting his transfer back to the Karnataka State after the expiry of his deputation with the Central Govt in the year 1967, and with the intention of starting an agricultural farm in Karnataka State, the petitioner got purchased through his attorney, certain land by two sale deeds dt.15-6-1967 and 16-11-1967. He was actually transferred to Karnataka State in September, 1967 and took his assignment as Divisional Commissoner of Bangalore Division, Bangalore.

(2.) After securing the land in the manner aforesaid in Karnataka State, he took steps to start agricultural operations therein and ag a preliminary step got boring done through the Dept of Geology and Mining at his own cost. He got about 200 coconut and 150 guava and sapota planted and he also raised Ragi crop therein. Finding water supply from the bore inadequate for the cultivation, and irrigation through hired laboui costly, the petitioner gave up the idea of pursuing cultivation and sought the said land to be converted into one for non-agricultural use. His application to that effect was allowed by the Deputy Commr under S.95 of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as the 'Revenue Act'). The petitioner in the meantime rose to the position of the Chier Secretary of the State of Karnataka, but in May, 1971 he stood again transferred to the Central Govt on deputation, where from he eventually retired.

(3.) On 17th December 1971, the Asst Commr of Bangalore Sub-Divn, Bangalore, issued notice (Ext.A) u/S.83 of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as the 'Act'), calling upon him to assciate with an enquiry to be made under that section and to help him to find out whether the purchases in question effected through sale deeds dt.15-6-1967 and 16-11-19767 had been effected in contravention of the provisions of the 'Act', in particular of S.80 of the 'Act'. In obedience to the said notice, he filed his objections (Ext.B) and also made a sworn statement before him (Ext.C) wherein he reiterated the contents of his objection- statement . Therein apart from mentioning the facts, which had been already recapitulated earlier in this judgment, the petitioner took the stand that he was an agriculturist and therefore, did not contravene the provisions of S.80 of the 'Act'; that the land having already been converted for non-agricultural use, lost its character of agricultural land and therefore, the Assistant Commissioner had no jurisdiction to go into the matter; that since, in any case, the land had been purchased for raising an agricultural farm by the personal cultivation and that in fact, he had taken up cultivation in right earnest, the conditions prescribed in the provisio to S. 80 of the Act, for according permission to purchase, stood amply fulfilled.