State of Karnatake and Others vs Smt. Suvarnamma

Chandrakantharaj Urs, J.-This petition is directed against the order of the Karnataka Appellate Tribunal, Bangalore, passed in Appeal No. 375 1986. The appellant before the Tribunal was one Suvarnamma who described herself as the purchaser of 3 guntas of land in S. No. 217/1 of Kirangoorvillage, Dudda Hobli, Mandya District. She was aggrieved by an order of review made by the Deputy Commissioner, Mandya, on the complaint of Jail Authorities of Mandya that the land in question in respect of which Suvarnamma had obtained permission of the Deputy Commissioner, Mandya, for diversion to non-agricultural use was the land belonging to the Jail Authorities.

It was that review order made reversing his earlier decision which was questioned before the Tribunal. The Tribunal correctly pointed that it was not open to the Special Deputy Commissioner to review his own order and cancel the permission earlier granted for diversion to non-agriculture use. They have observed that if the lands which are said to belong to the Jail Authorities; then the forum for settling that dispute regarding title is totally different and certainly not before the Special Deputy Commissioner. That view expressed is correct in law.

This petition is misconceived and it is rejected without prejudice to the rights of the State to establish its title over the land in question in proceedings before a Civil Court having jurisdiction.

Writ petition is rejected.