Sri V. Lakshminarayana vs The Special Deputy Commissioner and Others

Vikramajit Sen, Acting C.J.

During the course of hearing of these appeals, documents have been produced which prima facie indicate that the land in question, which was originally issued as a grant prior to 1936, was auctioned in 1940-41 after the land was resumed. The impugned decision had been rendered on the basis that no documents were made available to substantiate the contentions urged at that point of time.

Mr. B. Veerappa, learned Additional Government Advocate on instructions from Sri B.A. Siddappa, Assistant Commissioner, confirms that the documents placed on record, prima facie indicating the conduct of an auction, are also available in the official records.

In these circumstances, it appears to us that the matter should be remanded to the Assistant Commissioner to enable it to record a finding on the true and complete facts relevant for the purpose of this dispute. Reliance has been placed on the decision in the case of B.K. Muniraju Vs. State of Karnataka and Others, which is to the effect that merely because a document is styled as a ''Certificate of Grant'', it cannot be construed as a grant of land, even though an actual sale/auction had taken place. In Muniraju''s case (supra), it is significant to point out that there was a definite finding of fact to the effect that the land was not ''granted land'', but was purchased in a public auction. This authoritative decision shall be kept in mind by the Assistant Commissioner while examining the documents which would now be available for reconsideration of the matter.

The appeals are allowed. The impugned orders passed by the Assistant Commissioner. Deputy Commissioner as well as the learned Single Judge are set aside. The matter is remanded to the Assistant Commissioner for fresh adjudication. Parties to bear their respective costs.