VISHAKANTANAIKA Vs. ASSISTANT COMMISSIONER, HUNSUR SUB DIVISION

JUDGEMENT

(1.) Petitioner herein is said to be son of one Nanjanaika, who was a temporary grantee of an extent of 4 acres of land in Sy.No.126 of Gagenahalli village, Kasaba Hobli, Hunsur Taluk.

(2.) According to the petitioner, his father died on 21.8.1975. Thereafter, he continued to be in possession and enjoyment of the land in question. Subsequently, after noticing entries in the RTC regarding cancellation of grant in favour of his father vide letter of Tahsildar dated 4.3.1993 in No.LND.KPR.311/1992-93, he approached the Assistant Commissioner, Hunsur in the year 2010 seeking to set aside said order and also for change of katha to his name, which was numbered in RA.No.97/2010-11. In the said proceedings the Assistant Commissioner by his order dated 21.12011 has remanded the matter to Tahsildar for consideration. It is the Tahsildar who has issued an endorsement dated 31.7.2012 to the petitioner stating that grant in favour of his father and other 20 persons is cancelled in the year 1979 itself vide order dated 28.1.1979 in No.LND(1)106/79-80. Being aggrieved by the said endorsement, the petitioner has come up in this writ petition seeking quashing of order dated 28.11.1979, vide Annexure-G as well as endorsement dated 31.7.2012, vide Annexure-H.

(3.) Heard the learned Counsel for the petitioner as well as Additional Government Advocate for respondents. Perused the material available on record. On going through the same, it is seen that the Government has granted an extent of 4 acres of land each to 21 persons in Sy.No.126 of Gagenahalli village for cultivation for a temporary period. The order passed in the year 1979 in canceling the grant in favour of the grantees does not indicate what is the number of years for which the temporary cultivation was granted. However, the order would indicate that the initial grant is for temporary period for cultivation during which period it is observed by the Divisional Commissioner of Mysuru that none of the 21 grantees adhered to the conditions stipulated for cultivation of land granted to each of them. In the light of there being breach to the conditions of grant, the grant is cancelled in respect of all 21 persons and the entire extent of 84 acres is restored to the Government by order dated 28.11.1979, which according to the petitioner is reflected in the RTC by making necessary entries in column No.12.