SRI LINGAPPA POOJARI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner, while claiming that he is striving for the betterment of the Ajjibettu Village in Bantwal Taluk of Dakshina Kannada District, has filed this petition as a public interest litigation ('PIL') with the submissions that the land comprised in Survey No.82/P24 of Ajjibettu Village is a Government land reserved for development of the persons belonging to the Scheduled Caste, but the Assistant Commissioner, Mangalore Sub-Division, by his order dated 01.10.2016 has reserved 0.60 acres of land therein for BCM Ladies Hostel and accordingly, the mutation entry as per M.R.No.H16/2016-17 has been effected on 01.10.2016.

(2.) The petitioner seeks to submit that the orders passed in the proceedings adopted by the respondents are void ab initio as the land in question was reserved for the benefit of Scheduled Caste persons and divesting this land for some other purpose is illegal and highly improper.

(3.) It is also sought to be contended that the mutation has been effected in the revenue records on the basis of the order passed by the respondent No.1 - Assistant Commissioner, but as per Section 71 of the Karnataka Land Revenue Act, 1964, such an order could not have been passed without sanction of the Deputy Commissioner.