SIDDALINGAYYA GURAYYA VASTRAD Vs. ASST COMMISSIONER INDIA

JUDGEMENT

(1.) the petitioner sought and obtained grant of a building site which is said to be next to his own. The grant made by the assistant commissioner presumably under Section 18(2) of the land grant rules which enjoined granting a site to the adjacent owner if the site itself cannot be disposed off independently, if he so desired and at such value as the deputy commissioner may determine. Admittedly, the said site was granted to the petitioner on the foregoing ground.

(2.) subsequently, the deputy commissioner, it appears moved by somebody else, passed an order of stay of the grant and clamped it despite an application made by the petitioner to vacate the same. The petitioner preferred an appeal before the divisional commissioner without any success and thereafter the assistant commissioner who had granted the site to the petitioner went on to cancel the grant under Annexure-F . In the preamble to Annexure-F , a reference to the circumstances under which the assistant commissioner cancelled the grant made earlier in favour of the petitioner is made. The relevant portion of the preamble and the order reads thus: ..........further the divisional commissioner, belgaum endorsing copy of the same has directed the assistant commissioner, indi to cancel the order under Section 25 of K.L.R. Act, 1964. Accordingly, the show cause notice was given to grantee. Meanwhile the grantee has approached the Hon'ble revenue minister of Karnataka and presented petition. The same was accepted by the Hon'ble revenue minister and forwarded in the deputy commissioner, bijapur with direction to vacate the stay and close the matter. Now the revenue secretary, government of Karnataka directed under their No. Rd 21 loj 81 of 1-2-1982 that the directions/orders passed by the previous Hon'ble minister on 5-9-1980 are revoked and directed to take further action in this case as per rules. The deputy commissioner bijapur has directed under his endt. No. Rb. Lbp. Sr. 15/77 dated 30-4-1982 to cancel the order passed under this office No. Lbp. Sr. 65/77 dated 31-5-1978.

(3.) under the circumstances narrated in preamble i the assistant commissioner, indi sub-division, indi hereby order under the powers vested in me under Section 25 of the K.L.R. Act, 1964 and revoke the order passed under this office No. Lbp. Sr. 65/77 of 31-5-1978 and to take further action to cancel the devestment notice.