Mohammed Hanif vs The Deputy Commissioner, The Assistant Commissioner, The Land Grant Committee Bantwal Taluk and Yashavantha

Huluvadi G. Ramesh, J.—Heard the learned counsel for the petitioner, learned counsel for the 4th respondent and the learned Government Pleader. The grievance of the petitioner is that the property which was granted in his favour by the Grant Committee in Survey No. 109/P1 of Sajipanadu village, Bantwal Taluk, is ordered to be resumed to the Government without there being any cancellation of the grant made in his favour and without following proper procedure.

According to the learned Government Pleader, the property in question was reserved for public purpose and no agricultural activities are carried out by the petitioner and violating the conditions of the grant, unauthorised quarry working is going on. The petitioner is holding excess lands i.e., 2 hectares of land of his own and such being the case, he is not eligible for grant of land and there is no illegality in the order passed by the Deputy Commissioner.

According to the learned counsel for the petitioner, as per Rule 108-K of the Karnataka Land Revenue Rules and Grant Rules, it is for the Assistant Commissioner to resume the land only after following the due procedure.

The Deputy Commissioner in the Appeal before him presented by one Yashavantha, has observed that the land in question is said to have been reserved for distribution of houses under ''Ashraya Scheme''. It is also observed that the land granted in favour of the petitioner is without looking to the records i.e., the property which was allotted/granted in favour of the petitioner was reserved for public purpose and also without verifying the fact that the petitioner has excess land and as such, he was not eligible for grant. Since the procedure has to be followed as a matter of formality as per Rule 108-K of the KLR Rules, petitioner has to appear before the Assistant Commissioner. The Assistant Commissioner pursuant to the order passed by the Deputy Commissioner has to verify as to whether the land is reserved for public purpose before granting. If so, the grant, if any made by the Grant Committee has to be declared as void grant and also if the petitioner is in possession of more than 2 hectares of land/excess land, then he is not entitled for grant. The property so granted in excess of the land has to be resumed to the Government. In this regard, the Assistant Commissioner has to hold a summary enquiry and pass appropriate orders.

With the above observations, Writ Petition is disposed of It is for the petitioner to approach the Assistant Commissioner for further action in accordance with law within one month from the date of receipt of copy of this order. All contentions are kept upon to be urged.