STATE OF KARNATAKA Vs. K S RAMDAS

JUDGEMENT

(1.) THE correctness of the order dated 17-8-2004 passed by the learned Single Judge rejecting the writ petition is questioned in this appeal by the State of Karnataka and the Divisional Commissioner.

(2.) THE brief facts of the case are, by order dated 19-8-1961 the government leased an extent of 35 acres of land in Sy. Nos. 39 and 40 of addada Village in Koppa Taluk in favour of deceased K. S. Ramadas the lessee for coffee cultivation with certain terms and conditions. On 28-41975 saguvali Chit was issued to put him in possession of the land in I respect of which leasehold rights was granted in favour of deceased K. S. Ramadas. Since coffee cultivation was not made within the stipulated period of five years, on 24/11/1997 as per the terms and condition of the grant order the lease of land was terminated and it was ordered to resume the land and to reserve the same for public purpose. The legal representatives of the grantee had challenged the termination order before the Karnataka Appellate Tribunal in appeal No. 5/98. The Tribunal allowed the appeal and quashed the order terminating lease passed by the divisional Commissioner. The appellants herein challenged the said order in W. P. No. 38212/2000. The learned Single judge rejected,the writ petition and the same is questioned in this appeal.

(3.) LEARNED Addl. Government Advocate mr. A. G. Shivanna, has rightly submitted that even though the land was leased in the year 1961, since saguvali Chit was issued in the year 1975, the grantee should have raised coffee cultivation within five years, i. e. , before 1980. Since coffee was not cultivated within the stipulated period, rightly order was passed cancelling the lease of the land. He further submitted that the Tribunal committed an error in setting aside the termination order and even the learned Single judge committed the same error. Another ground urged is that as per rule 43-H of the Mysore Land Revenue (Amendment) Rules, 1960 the lease should have been confirmed within five years. Since the grantee did not obtain license from the Indian Coffee board in compliance with the condition of the grant order, there is no confirmation of lease of land and therefore the cancellation is legal and valid. Learned AGA relied upon the decision of the Apex Court reported in ilr 2005 Kar. 4265 (SC) (Guntaiah and Others Vs. Hambamma and Others ).