A C SIDDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioners have filed these Writ Petitions by way of public interest litigation.

(2.) THE land in Sy. No. 27 of Koudenahalli village, Krishnarajapuram Hobli, Bangalore South Taluk is classified as a tank as per the revenue Records. The 5th respondent moved the State Government for grant of 10 acres out of the Tota! extent of 24 acres 18 guntas in sy. No. 27 of Koudenahalli village. On the said application, the government accorded approval to grant this land in favour of the 5th respondent by its order dated 25. 11. 88. Thereafter, the Deputy commissioner by his order dated 6. 1. 89 levied the conversion fee to use the said land for non-agricultural purpose. On the basis of this order, the petitioners have filed this Writ Petition assuming that there is a grant in favour of the 5th respondent, challenging the grant, if any, in favour of the 5th respondent.

(3.) THE records produced before me show that this land is classified as a tank as per the entries in the revenue records for the year 1976-77 to 1979-80. The Deputy Commissioner on the basis of the order passed by the State Government according the approval, passed on order permitting to use the said land for non-agricultural purpose subject to the payment of 50% of market value and other charges as per the rules. Thereafter, the Revenue officials entered the Government Order No. RD 135 LGE 88 dated 22. 7. 88 in Column no. 10 of the R. T. C. This entry appears to be the cause for the petitioners to challenge the grant, if any, made by the State government or by the Deputy Commissioned in favour of the 5th respondent. The 5th respondent also has paid a sum of rs. 6,25,000/- towards the conversion fee as per challenge dated 16. 1. 89.