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Judgment
D K Singh, J
The petitioner, who claims to be the grandson of late Beluru Muniya @ Muniyappa has filed this present petition challenging the Official Memorandum dated 31.12.2021 issued by the Deputy Commissioner, whereby the land in Survey No.26 measuring an extent of 4 acres 15 guntas, (including the 2 acres of land which he says belongs to the late grandfather of the petitioner). situated at Jinnagara Village, Jadigenahalli Hobli, Hoskote Taluk has been notified for the scheme of "Ashraya Yojane" without conducting proper inquiry and without looking into the revenue records.
The learned counsel for the petitioner submitted that in the Official Memorandum dated 31.12.2021, the land in Survey No. 26, measuring 4 acres 15 guntas including the petitioner's 2 acres of land has been shown as gomal land.
The learned counsel for the petitioner further submits that the late grandfather of the petitioner was given an extent of 2 acres in the Survey No. 26 by the grant dated 25.10.1937 and the name of late grandfather of the petitioner, even today exists in the revenue records as the owner of the said land and this land in not a gomal land.
The petitioner has given the representation to the Deputy Commissioner for correcting the Official Memorandum. The said representation dated 30.06.2025 and has been placed on record as Annexure-N.
The submission is that the petitioner's land is a private land under the ownership of the petitioner, because he is the legal heir of Late Belur Muniya @ Muniyappa, who was granted this land way back on 25.10.1937. Classifying the said land as a gomal land is against the very revenue records, which stand in the name of the late grandfather of the petitioner.
Sri M.N. Sudev Hegde, learned AGA submits that the land is gomal land. However, he submits that the petitioner's representation shall be considered in accordance with the law.
Considering the aforesaid facts and circumstances of the case, and submission advanced by Mr. Chetan, B.C., learned counsel for the petitioner and learned AGA, I propose to dispose of this petition in the following terms:-
a. The petitioner's representation at Annexure-N dated 30.06.2025 praying to exclude the land from the acquisition proceedings and treating the said land as the private land is directed to be considered by the 2nd respondent/Deputy Commissioner in accordance with law.
b. The petitioner is directed to file fresh representation within a period of ten days along with all evidence of this land being the land of the petitioner or his predecessors interests.
c. The 2nd respondent/Deputy Commissioner shall consider the representation and take a decision based on the evidence and reasoning, after giving an opportunity of hearing to the petitioner expeditiously, preferably within period of one month from the date of receipt of a copy of this order.