MALLAWA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this petition, the petitioner has prayed for quashing of the order dated 25th November, 1988, the copy of which has been produced as Annexure-D, passed by the second respondent directing that the possession of the land measuring 33 guntas out of 2 acres 27 guntas in Survey No. 34 of Haldal village, shorapur Taluk, Gulbarga District should be taken from the petitioner and handed over to the third respondent. The petitioner has further prayed for a direction to the respondents 1 and 2 to consider the application of the petitioner for regularisation of her unauthorised occupation of the land referred to above.

(2.) SRI Papanna, learned Counsel appearing for the petitioner, submitted that even according to respondents 1 and 2, the petitioner has been in unauthorised occupation on the land in question. He submitted that in the order/communication dated 30th June, 1988, the Assistant Commissioner had directed the revenue Inspector not to evict the petitioner from the land in question as the Government issued orders during 1970, 1977, 1982 to regularise the unauthorised occupation on the government land. He also further submitted that the panchanama dated 15th June, 1988, prepared by the Revenue officer, shows that the petitioner has been in unauthorised occupation of the land in question. Copies of the order/communication and the panchanama have been produced as Annexure-A and B, respectively.

(3.) THE learned Counsel also submitted that the petitioner also has filed an application as provided under Section 94-A of the karnataka Land Revenue Act (hereinafter referred to as 'the act') in Form No. 50 during the pendency of this petition seeking regularisation of unauthorised occupation of the land in question by the petitioner and the said application is also pending consideration before the Committee constituted to consider the said application under Section 94-A of the Act.