VISHAKANTE GOWDA Vs. ASST COMMISSIONER MANDYA SUB DIVN

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the petitioner has sought for quashing the order dated 4-9-1987 passed by the Karnataka Appellate Tribunal, Bangalore, in Appeal No. 453/86 (Annexure-C) ; rejecting the appeal filed by the petitioner against the order of the Special Deputy Commissioner, Mandya, in R.A. No. 18/85-86 dated 8-7-1986. The Special Deputy Commissioner in turn has affirmed the order dated 30th April 1985 passed by the Assistant Commissioner, Mandya Sub-Division, Mandya, in No LND. CR. 152/84-85.

(2.) The petitioner is the owner of land hearings No. 205/2 of Nagarakete village ; respondent Nos. 4, 5, 6 and 7 are the owners of lands bearing S. No. 204/1, 204/2, 204/3 and 205/1 of Nsgar- kere village, Macidur Taluk These lands are situated on the eastern bank of Shimsha river; in other words the western boundary of these lands abuts the eastern bank of Shimsha river. The petitioner, according to the case of respondents 4 to 7, has encroached upon about 36 guntas of land forming part of Shimsha river bank, thus encroached the portion marked as ABCDEFGHIJ in the sketch prepared by the Surveyor under the direction of the Assistant Commissioner on 26-7-1984. Ten guntas out of this portion abuts the land bearing S No 205/2 of which the petitioner is the owner and the remaining portion abuts the lands bearing S No. 205/1 and 204/1 to 204/3 which are in the possession of respondents Nos 4 to 7. The petitioner made an application for grant of the entire extent of 36 guntas of land to him on the ground that he has been in unauthorised occupation of the same.

(3.) The Assistant Commissioner on conducting spot inspection in the presence of the parties and after hearing them, by the order dated 30th April 1985, rejected the application holding that the land in question cannot at all be considered to be alluvial land and if it is granted to the petitioner, it will cause damage to the adjoining land owners and further the Public Works Department has not agreed for granting this land.