THOMAS D CASTELINO Vs. SPECIAL DEPUTY COMMISSIONER

JUDGEMENT

(1.) This Writ Petition is directed against the order dated 14-11-1984 passed by the Special Deputy Commissioner Dakshina Kannada, Mangalore (Respondent No. 1) and also against the order dated 15-7-1985 passed by the Divisional Commissioner, Mysore Division, Mysore (Respondent No. 2) apart from challenging the final statement dated 25-7-1985 as well as the notification dated 2-9-1985 of respondent-1.

(2.) Paul Castelino executed a settlement deed dated 16-5-1931 settling landed property in favour of Martin Castelino measuring 30 cents of land in Sy.No. 77/13; 19 cents of land in Sy.No. 77/14; 52 cents of land in Sy.No. 262-1; 1.95 acres of land in Sy.No. 262-4 and 11 cents of land in Sy.No. 249-2 in the village Padavu, situated within the Mangalore Urban Agglomeration. In the schedule to the said settlement deed is shown a house with thatched roofing and cattle-shed. On 22-5-1970, the properties were partitioned between the brothers. The properties were allotted to the petitioner as shown in 'D' schedule of the settlement deed. The house as well as the cattle shed are mentioned in 'D' schedule.

(3.) The petitioner is an Ex- serviceman who retired about 13 years ago. His occupation, after retirement from military service, is agriculture. According to the petitioner, the thatched house mentioned earlier has been altered and roof tiles have been put and the house reconstructed after duly obtaining a licence from the local Panchayat in or around the year 1960. There are coconut, mango and other fruit bearing trees in the land. The petitioner has been using the land so as to facilitate better cultivation of his wet land situated in Sy.Nos.77-13 and 77-14. The petitioner is growing coconut, arecanut and paddy on the lands. There is also a water tank situated in Sy.No. 262-4 which is indispensable for the lands situated in Sy.No. 77-13 and 77-14. The petitioner maintains that though these lands fell within Mangalore Urban Agglomeration, they are all agricultural lands and they cannot be used for any other purpose.