B K KOLLAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition calls in question an order dated 3rd of May, 1988, passed by the Government of Karnataka and that passed by the Deputy Commissioner-respondent 2 herein dated 27th February, 1989, forfeiting in favour of the State a treasure trove comprising Gold Coins found in the land belonging to the petitioner. A few facts in the background whereof the controversy has arisen may be stated first.

(2.) The petitioner owns some landed property in village Solur, Shikaripur Taluk of Shimoga District. Certain labourers engaged by the petitioner for digging pits for planting coconut seedlings, found 31 Gold Coins, which were produced by the petitioner before the Circle Inspector, Police Station, Shikaripur. The Circle Inspector mounted a further investigation in the course whereof it was discovered that a total of 90 Gold Coins and 3 Gold Ingots valued at Rs. 60,000/- had been found by the labourers. He accordingly submitted a report to the Deputy Commissioner and solicited further action in the matter.

(3.) On receipt of the report, the Deputy Commissioner issued anotification under Section 4(b) of the Karnataka Treasure Trove Act, 1962 requiring all persons claiming the treasure, or any part thereof, to appear before him.