B SIDRAMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The on-going dispute herein is between villagers and grantees of lands in few survey numbers of the village in question aggregating in all 30 acres distributed among the various grantees at 3 acres per head.

(2.) The villagers successfully assailed these grants firstly before the Assistant Commissioner and thereafter on appeal by the grantees before the Deputy Commissioner, both of whom set aside the grants made to the grantees in the year 1972 and ultimately by the order of the Deputy Commissioner made in the year 1976 as per Annexure 'G' the grantees finally lost the grants on the ground that the land used for grants being the village gomal land, if large chunks of it was given away the village cattle will suffer since they were already under nourished because the extent of gomal available was far below the needs of the village cattle in that they exceed 1000 and odd heads as seen from the orders of Assistant Commissioner and Deputy Commissioner at Annexures D and G. 2A. It has transpired that after the grant was set aside by the Assistant Commissioner the grantees were stripped of the lands and the lands reverted back for the common use of the viIlagers for grazing of the village cattle and this becomes apparent from the series of R.T.C. extracts filed by the petitioners. After 1976 the lands are being shown as gomal whereas earlier thereto they were shown as occupied by grantees.

(3.) When that was the prevailing state of affairs the jurisdictional Tahsildar at Tarikere issued a memo as per Annexure-H dated 16-7-1989 which reads: