SHIVANANDA GURUSIDDAPPA YADAVANNAVAR Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THE appellants, being aggrieved by the order dated 25th August 2004 passed in W.P.Nos.33888-91/2004 and to allow the said writ petitions, have presented these writ appeals.

(2.) THE undisputed facts of the case are that, the 5th respondent herein had filed writ petition before this Court in W.P.No.9836/1995 and the said writ petition had been disposed of by this Court on 5th February 1997. Assailing the correctness of the said order, 5th respondent had filed a Writ Appeal before this Court in W.A.No.4663/1997 and the said writ appeal had been disposed of by the Division Bench of this Court on 1st April 1999 with a direction to the Forest Department to verify and find out as to whether the land in question granted/regularised in favour of the appellants herein by the Regularization Committee is the forest land or not and if it is not a forest land, then there is no necessity of cancellation of the grant and liberty has been reserved to the Forest Department to take action in accordance with law. In compliance of the directions issued by the Division Bench of this Court and in the light of the communication forwarded by the Forest Department to the jurisdictional authority, 2nd respondent herein has initiated the proceedings and issued show cause notice to the appellants as to why their grant cannot be cancelled under section 94A read with 108 (K) of the Land Grant Rules, and calling upon them to produce the regularization order in favour of them vide Annexure-J dated 28.8.1999. In pursuance of the said notice, all these appellants have filed their objections vide Annexure-K. THE second respondent, after hearing both the parties and after considering the material available on record, has cancelled the grant made in favour of these appellants in respect of Sy.No.11/1 measuring 17 acres 220 guntas, situate at Chavanagudda village, holding that their holdings are more than their eligibility and therefore, they are not entitled for regularization of agricultural land, by its order dated 22.10.2001 vide Annexure-L. Assailing the corrections of the order passed by the 2nd respondent, all these appellants have filed an appeal before the 4th respondent. THE said appeal had come up for consideration before the 4th respondent on 3.7.2004. THE 4th respondent in turn, after hearing both the parties, after going through the order passed by the 2nd respondent and after careful perusal of the material available on record and the directions issued by this court, has dismissed the said appeal and confirmed the order passed by the 2nd respondent. Being aggrieved by the order impugned passed by the respondents-2 and 4, as referred above, all these appellants have filed W.P.Nos.33888 to 33891/2004 before this Court. THE said writ petitions have been dismissed on merits, by the learned Single Judge of this Court by order dated 28th August 2004. Being aggrieved by the order impugned, these appellants felt necessitated to present these writ appeals.

(3.) IN this regard, it is significant to note that, the Supreme Court in the case of S.P.Chengalraya Naldu, dead by LRs Vs. Jagannath dead by LRs and others reported in AIR 1994 SC Page 853, has clearly held that: