STATE OF KARNATAKA Vs. M G CHOWDE GOWDA

JUDGEMENT

(1.) This anpeal is directed against the order of the learned single Judge allowing WP.244 of 1974 and directing the State Govt to dispose of the case with liberty to call for the materials, if necessary, from the subordinate officers.

(2.) Briefly stated the facts are: Chowde Gowda-Respt-1 is a political sufferer. The political sufferers are given some concessions in the matter of granting land by the Karnataka Land Revenue (Amendment) Rules, 1960. Sometime in the year 1964-65. Respt-1 applied for grant of land in Survey No.296 in Maralagala village in Srirangapatna Taluk. His application was processed and an extent of 2 acres 16 guntas was granted by the Special Deputy Commr, Mandyn Dist. Respt-1 was not satisfied with the land granted to him. He wanted about 10 acres of land So, he approached the State Govt with his grievance. The Govt by order in OM No RDI LTD 65 dt. 9-10-1965, directed to consider the request of Respt-1, if land was available in Survey No.296. The Deputy Commr and the Divl Commr construed the said order as a direction issued to them under Rule 43 (L) of the Land Revenue (Amendment) Rules, 1960 and granted a further extent of 7 acres 24 guntas to Respt-1, although at that time there were pending applications from some of the Respts-2 to 15. So, those applicants complaining about that grant, took up the matter in appeal before the State Govt. In that appeal, the Govt did not agree with the view taken by the Deputy Commr or the Divl Commr. The Govt found that the authorities without actually setting apart the land for the scheduled castes and scheduled tribes as per their priorities, ought not to have granted the additional extent of land to Respt-1. The appeal was accordingly allowed by order d/.5th April, 1971, with the following observations:

(3.) Pursuant to the above order, the Special Deputy Commr took up the matter for further consideration In the final analysis, he reached the conclusion that out of Sy.No.296, only 2 acres 16 guntas could be granted to Respt-1, and accordingly, he made the order on 15th Novr, 1971. It was then the turn of Respt-1 to appeal to the Divl Commr complaining against the order made by the Deputy Commr. The Divl Commr accepted the appeal, reversed the order of the Deputy Commr and granted to Respt-1 a further extent of 7 acres 24 guntas. But the success of Respt-1 was short lived. Respt-4 and four others again appealed to the Govt challenging the correctness of the order of the Divl Commr. The Govt set aside the grant made by the Divisional Commissioner stating thus: