K G BASAVARAJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners, assailing the correctness of the order dated 29-3-2003 passed by the 2nd respondent herein in Proceeding No. LND : CR : 103 : 2001-2002 and the order dated 20-3-2007 passed by the Appellate Tribunal in Appeal No. 1531 of 2003 vide Annexures-G and H respectively, have presented this writ petition. Further, petitioners have sought to direct the respondents to enable for making use of the said land in question for thrashing floor and manure pits in favour of the petitioners.

(2.) THE only grievance of the petitioners in this writ petition is that, land bearing Sy. No. 1 totally measures 6 acres 4 guntas situated at Kalaghatta Village and the same has been granted to the village community and the copy of sketch is produced vide Annexure-A and they are in peaceful possession and enjoyment of the same. When things stood thus, at the request made by respondents 3 and 4 to the Tahsildar and Assistant Commissioner, that said land may be transferred to the Government Higher Primary School for the purpose of construction of school rooms and playground and on the basis of the reports submitted by the Tahsildar and Assistant Commissioner, the Deputy Commissioner has forwarded the same to the first respondent with recommendations to transfer the said land in favour of the Government Higher Primary School, Kalaghatta Village, Holalkere Hobli, Chitradurga District. THE first respondent, with reference to the reports submitted by the Tahsildar, dated 28-12-2001 and by the Assistant Commissioner, Chitradurga dated 21-10-2002 has accorded the permission to transfer the said land for the purpose of construction of school rooms, playground and for formation of road on 11-3-2003. In the light of the permission accorded by the first respondent on 11-3-2003, the Deputy Commissioner, Chitradurga, has passed the impugned order dated 29-3-2003 by assigning cogent reasons. Assailing the correctness of the order passed by the Deputy Commissioner, Chitradurga, dated 29-3-2003, petitioners herein have filed an appeal before the Karnataka Appellate Tribunal, Bangalore in Appeal No. 1531 of 2007. THE said appeal had come up for consideration before the Appellate Tribunal on 20th March, 2007. THE Appellate Tribunal, after critical evaluation of the relevant materials available on file has dismissed the appeal and confirmed the order passed by the Deputy Commissioner, Chitradurga, vide Annexure-H, dated 20-3-2007. Being aggrieved by the impugned orders passed by both the authorities, petitioners felt necessitated to present this writ petition seeking appropriate relief as stated supra.