T.NAGAPPA Vs. ABDUL GAFOOR SAB

JUDGEMENT

(1.) The petitioner herein is impugning the order of the fourth respondent dated 11th June, 2012 in proceedings No.ULND/CR/135/2003-04.

(2.) The order impugned is passed after an enquiry being conducted by the fourth respondent pursuant to a direction issued by the Co-ordinate Bench of this Court in W.P.No.13549 of 2005 (KLR-RES) dated 13th March, 2007. The order impugned is passed in holding that the land bearing Sy.No.123/3 is 'B' kharab land as reflected in Akarbandh. Hence, the same is reserved for public purpose under Rule 21(2) of the Karnataka Land Revenue Rules, 1966. As such, the same cannot be considered for regularization of unauthorized cultivation by any person and any application filed seeking regularization of the same cannot be considered by the Committee constituted by the State for Regularization of Unauthorized Cultivation of Lands. Therefore, the order dated 04th April, 1998 of the said Committee is illegal and is subjected to challenge in this writ petition.

(3.) This proceedings has chequered history. The records would indicate that an application in R.A.No.54 of 1996-97 was filed by one Thirukappa who is the father of the petitioner T.Nagappa seeking occupancy rights in respect of 2 acres 30 guntas in Sy.No.123/3 of Anugodu Village, Kasaba Hobli, Davanagere Taluk and Davanagere District. The said application was initially allowed by the Assistant Commissioner of Davanagere Sub-Division by order dated 21.09.1998. Wherein it is observed that the said land was Government kharab land, which is wrongly classified as Government Gunduthopu. Therefore, the entry in indicating the said land as Government Gunduthopu should be removed and thereafter, the same should be registered in the name of the applicant Thirukappa, Son of late Dasappa pursuant to Section 122(B) of Karnataka Land Revenue Act. The Assistant Commissioner, Davanagere would further direct the Tahsildar to register the name of the petitioner's father as occupant of the said land.