BACHAPPA Vs. TAHSILDAR DEVANAHALLI

JUDGEMENT

(1.) Petitioners herein are said to be unauthorised occupants of the tank/tank bed area situate at Sunnagatta Village in Sy. No.80 of Kundana Hobli and they are said to be cultivating the lands to the extent mentioned in the petitions ranging from 13 guntas to 28 guntas in the said survey number.

(2.) So far as application filed by the petitioners is concerned, it was considered way back in the year 2005 by the Land Grant Committee expressing concern over the application of these petitions, that it cannot be considered and they have also no power to grant in favour of the petitioners as the land in occupation of the petitioners is part and parcel of the tank in Sy.No.80 of Sunnagatta Village. However, according to the petitioners, Sy.No.80 has lost the character of tank or tank bed area and it is fit for agriculture.

(3.) Having heard the counsel for the petitioners and the government4 pleader, it is noticed, based on the application filed by the petitioners the Grant Committee expressing concern that it is a tank area and that they have no power to grant, had opined that it is a matter that could be considered at the government level. When the government has come out with a policy decision for maintenance/revival of tanks to see that ground water level is also raised and water is stored in the tanks for the purpose of maintenance, it is for the government authorities, in compliance of the decision taken by the Land Grant Committee, to take appropriate decision either to preserve the tank and tank bed area or to grant the land as claimed by the petitioners, according to law.