RAVINDRA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned Additional Government Advocate accepts notice on behalf of the respondents.

(2.) The petitioner is claiming to be an Ex-service man and served as Soldier in the Indian Army for a period of 17 years. After his retirement from the service, he has applied for the grant of lands in his favour under the Government scheme before second respondent - Deputy Commissioner, Shivamogga. After verification and enquiry, the Deputy Commissioner, Shivamogga granted 6 acres of land in Sy.No.74 of Barandur village, Bhadravathi Taluk. The said grant was cancelled by an order dated 13.08.1998 owing to certain objections raised by the villagers. The said cancellation order was challenged by the petitioner before this Court in W.P.No.18449/1999. It appears that the respondent authorities after identifying the alternative land, gave undertaking before this Court to grant the land bearing Sy.No.39, measuring 10 acres, situated at Huralihalli Village, Shivamogga Taluk in favour ot the petitioner. Consequently, the Deputy Commissioner passed an order dated 27.02.2001, granting 10 acres of land in Sy.No.39 of Huralihalli village in favour of the petitioner.

(3.) When things stood thus, the respondent No.4 and other officials interfered with the petitioner's possession and enjoyment of the granted land, claiming that entire survey number, out of which 10 acres are granted, is forest land. Civil Proceedings were initiated by the petitioner in O.S.No.673/2001 before the Principal Civil Judge [Jr. Dvn] and the said suit came to be dismissed on 29.09.2007. Challenging the same, regular appeal was filed which also came to be dismissed against which, R.S.A.No.2617/2010 was filed before this Court and the same has been allowed on 16.10.2012 decreeing the suit filed by the petitioner.