STATE OF KARNATAKA Vs. T K RAMACHANDRACHAR

JUDGEMENT

(1.) This appeal, at the instance of the State, is directed against the judgment rendered in WP.4257 of 1975, by a learned single Judge dismissing the writ petition filed by the State and directing the Deputy Commissioner, Coorg (appellant-2 herein), to give effect to the order of the Tribunal dt.24-3-1975 whereby it had reversed the order of the Deputy Commr, Coorg, dt.28-6-1974.

(2.) A short history of the case preceding the launching of the writ proceedings by the State deserves to be noticed. Respondents 1 to 3 owned Sy No.29/20, measuring about 247 acres, in Aiyangeri village, Coorg Dist. The land in question was described in the jamabandi records upto the year 1918 as "Redeemed Coffee Saguvali Malai". However, in that year, by the order of the Commissioner bearing No. 1636 dt. 11-1-1918 the said land came to be described in the jamabandi records as "unredeemed".

(3.) The respondents herein moved an application before the Deputy Commr, Coorg, on 25-9-1963 in which they detailed the aforesaid manner of the change of the description of the land and sought permission for cutting and removing the standing trees as they wanted the whole area for raising cardamom crop. When for many years the Deputy Commr did not pass any order on that application, the said respondents moved this Court on the writ side through WP.523 of 1972 seeking a writ in the nature of mandamus against the Deputy Commr. That petition was allowed and the Deputy Commr was directed to dispose of the application dated 25-9-1963.