RADHA BAI Vs. SHASHIKALA

JUDGEMENT

(1.) PETITIONER-SMT. Rudra bai prays for a writ of certiorari quashing the Order of second respondent-deputy commissioner, shimoga ('r-2' for short) dated 4-4-1983, passed in case No. Lnd-1-cr-1141/1982-83 and for a writ in the nature of mandamus directing him to consider together the applications of herself and respondent 1 cr-1' for short) both made for grant of the government land in question under the Karnataka land grant rules, 1969 ('the rules' for short ). The certified copy of the impugned Order of r-2 is produced at annexure-a.

(2.) THE arguments of learned counsel on both sides were heard.

(3.) A piece of government land measuring 30 guntas in survey No. 163 situate in h. k. grama of shimoga taluk is the bone of contention between the petitioner and r-l. The said extent, of land is shown in the rough sketch produced along with petition, and also in the sketch produced by r-1 at annexure-r7. It, is specified in annexure-r 7 with letters 'a' and 'b'. The topography of the land in dispute depicted in these sketches establishes its identity beyond doubt, although the same is disputed by r-l in her statement of objections. The shape of the said extent of land shown in these sketches is somewhat, rectangular with a small triangular piece projecting towards north-south from its northern corner. On either side of that land are situate the wet lands of petitioner bearing survey No. 163 (present survey No. 247) and survey No. 225. Similarly, the lands of r-l bearing survey nos. 234 of 1997, 233 and 224 lie adjoining the petitioner's lands along their northern boundary line. The said tiny triangular portion of land in dispute is projected into r-1's land in survey nos. 197 and 233 while the major rectangular portion thereof lies in between the petitioner's said survey nos. 163/1 and 225. A stream flows through these lands of petitioner and r-1 along the western boundary of the disputed 30 guntas of land.