KALLAPPA SANGAPPA SALAGATTI Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Validity of the notification issued under Section 10 (3) of Urban Land (Ceiling and Regulation) Act, 1976, notice, dated 23-7-1979 calling upon petitioner to surrender possession and order dated 15-2-1974 of Special Deputy Commissioner, Dharwar, passed under Section 95 of the Karnataka Land Revenue Act, are questioned in this writ petition.

(2.) Contention of petitioner is that he is a tenant to an extent of 6 acres 8 guntas in old S. No. 129 (New S. No.31 2) situate at Gamanagatti village, Hubli Taluk, land owner was unsuccessful in resuming land under Section 14 (as it then stood) of the Karnataka Land Reforms Act and application filed by him in Form No. 7 is pending consideration by Land Tribunal, Hubli, having regard to all these circumstances action taken to acquire, treating it as belonging to contesting respondent by Competent Authority under Urban Land (Ceiling and Regulation) Act (hereinafter referred to as the 'Ceiling Act') and also order of Special Deputy Commissioner according sanction for converting this land into a non-agricultural land, are illegal and without jurisdiction.

(3.) Contention of contesting respondents is that petitioner was unsuccessful in Appeal No. 755 of 1975 before Karnataka Revenue Appellate Tribunal to get the order of Special Deputy Commissioner, Dharwar, permitting conversion, set aside and on such conversion, land is rightly and properly, classified as vacant land, as per provisions of the Ceiling Act; petitioner who is bound by order of conversion, not having filed any objections for determination of extent of holding under Ceiling Act, cannot be allowed to agitate, at this distance of time, correctness of these orders.