DEPUTY COMMISSIONER, THE ASSISTANT COMMISSIONER SAGAR SUB-DIVISION AND THE TAHSILDAR SORAB TALUK Vs. SMT. KUSHALAMMA W/O BHADRAIAH GOWDA AND OTHERS

JUDGEMENT

(1.) THESE two appeals are preferred against the very same order passed by the learned single Judge setting aside the orders passed by the revenue authorities and directing the revenue authorities to restore the names of the respondents in the mutation register.

(2.) LAND bearing Sy. No. 25 situated at Tavarehally Village, Kasaba Hobli, Sorab Taluk, measures in all 513 acres. The names of the ancestors of respondents 1 to 5 were entered in respect of a portion of the said land. When the authorities conducted survey they noticed that the aforesaid land is classified as KAN lands and no person's name could have been entered either in column No. 9 or 12 of the record of rights. Therefore, in the year 1977 -78 they removed the names of the persons which had been wrongly entered and entered the name of the Government. The said order removing the names of the persons and entering the name of the Government has not been challenged till today. But, the respondents filed applications to delete the name of the Government and to restore their names. The Assistant Commissioner rejected their request Aggrieved by the same, they preferred an appeal to the Deputy Commissioner who also rejected their request. Aggrieved by these two orders, they preferred a Writ Petition before this Court. The learned single Judge held that the deletion of their names without notice to them, without hearing them is illegal, admittedly they were in occupation of the said land and, therefore, he set aside the orders passed by the revenue authorities, directed restoration of their names in the revenue records and also reserved the liberty to them to approach a competent Civil Court for seeking appropriate declaration. Aggrieved by the same, the Government has preferred the writ appeal in W.A. No. 2101/2007. The other appeal W.A. 2297/2007 is by the villagers of the said village who preferred the appeal when the Government ate not challenge the said order. That is how both the appeals an; listed before us.

(3.) IT is not in dispute that the land in question is a KAN land. The Mysore Land Revenue Manual defines what a KAN land means. KANS means (1) species of grass destructive to cultivation; (2) extensive tracts of green forest which are preserved for the sake of wild pepper vines, bag and palms, gum trees, etc. The holders of these KANS are allowed the privilege of (a) enjoying the said produce (b) clearing and making use of the under growth (c) dipping trees for the growth of pepper trees and for purposes of manure.