VISWESWARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Common questions of law and facts arise in these petitions hence the same are disposed of by a common order.

(2.) The petitioners in all these petitions are the applicants for the grant of land under the Land Grant Rules in the village of Viadiyur and Singanamane in Bhadravathi Taluk. The case of the petitioners is that they have filed applications for grant of the lands and on the basis of their applications records were built up and it was found by the authorities that an extent of 29 acres 12 guntas of land was available for being granted to the petitioners. It is the ease of the petitioners that they are landless agriculturists and they satisfy all the requirements for grant of lands. The further ease of the petitioners is that even though the Tahsildar came to the conclusion that the land is available for grant and the petitioners are entitled for the grant but he nevertheless without granting the applications of the petitioners sought for instructions from the Assistant Commissioner Shmoga sub-division shimoga. In respect of this contention the learned Counsel for the petitioners relied upon the report made by the Tahsildar No. LND(9) 1068/76-77 dated 15-12-1976 which reads as follows:

(3.) Shri B.B. Mandappa the learned High Court Government Pleader appearing for respondents 1 to 3 also submitted there cannot be any objection for grant of land to the petitioners as stated in the report submitted by the Tashildar in view of the fact that in the said report itself it is said that an extent of 29 acres 12 guntas of wet land is available. Though in the petitions the petitioners have challenged. the grant made in favour of respondents 4 5 and 6 on the various grounds staed in the writ petitions but in the report made by the Tahsildar it is clear that the land granted to respondents 4 and 5 and other respondents in the connected writ petitions is not the same land which is applied for and is found available for being granted to the petitioners; that being SQ it is not at all necessary to go into the correptnegs or otherwise of the grant of land made in favour of the respondents though it is one of the prayers made in the writ petitions. Shri Mandappa also submitted that the grant of land made to the respondents in writ petitions 3700 to 3704 of 1973 was in pursuance of the policy decision taken by the Government to grant the land to the previous owners. Whatever it may be in view of the aforesaid fact that the land granted to the respondents is different fr6m the one applied for by the petitioners it is not necessary' to go into the question of the validity of the grant made in favour of the Respondents.