S M KRISHNA Vs. SECRETARY DEPARTMENT OF REVENUE

JUDGEMENT

(1.) PETITIONERS, questioning the correctness of the impugned order dated 30th May 2005 in proceedings No. LND/ra/60/2003-04 passed by third respondent and the order dated 17th December 2005 in proceedings No. R. A. No. 74/2005-06 passed by second respondent vide annexures-N and O respectively, have presented the instant writ petition. Further, petitioners have sought for a direction, to remand the matter for reconsideration by fifth respondent strictly in accordance with law within the time limit.

(2.) THE grievance of petitioners in the instant writ petition is that, petitioners herein are claiming that, the land in question has been cultivated since the time of their ancestors and thereafter, they have continued to cultivate the land in question un-authorizedly since more than three and half decades. In view of he amendment of the Karnataka land Revenue Rules, it is the case of petitioners that, they have filed the application seeking regularization of their un-authorized cultivation. The said application had come up for consideration before the fifth respondent-Committee for Regularization of Unauthorized Occupation and the fifth respondent, rejected the application filed by petitioners seeking regularization of un-authorised cultivation of land in question on the ground that, the land in question has been granted in favour of sixth respondent. Petitioners herein, being aggrieved by the said rejection of their application, have filed the appeal before the third respondent-Assistant Commissioner, chikkaballapur Division, Chikkaballapur in Proceedings No. RA. (o) 94/ 2003-04 and the said matter had come up for consideration before the third respondent on 8th December 2003. After hearing both parties, and after considering the submission made by petitioners, the said authority has allowed the appeal with reference to the relevant material available on file and held that, petitioners have already filed Form No. 53 seeking regularization of un-authorized cultivation and directed the competent authority to dispose of the same in accordance with law. Be that as it may.

(3.) THE third respondent herein - Assistant Commissioner, chikkaballapur on the basis of the report dated 15th April 2005, submitted by the Tahsildar Shidlaghatta and objection filed by sixth respondent, has reviewed his own order without issuing notice to the petitioners and without conducting proper enquiry and proceeded to pass the impugned order dated 30th May 2005 in proceedings No. LND. RA. 60/2003-04 vide Annexure-N, withdrawing the earlier order passed by him and directed the Tahsildar, shidlaghatta Taluk to take appropriate decision as per the order passed by fifth respondent in favour of sixth respondent. Assailing the correctness of the order passed by third respondent vide Annexure-N, petitioners herein have filed the revision petition under Section 136 (3) of the karnataka Land Revenue Act in Proceedings No. RA. 74/2005-06 before the second respondent-Deputy Commissioner, Kolar District, Kolar and the second respondent, in turn, after hearing both sides and after considering the material available on record, specifically opined that, the order passed by third respondent is not in accordance with law. Further, the said authority observed that, in the interest of justice, the reasons assigned by the Assistant Commissioner, for reviewing his own order is justifiable and dismissed the revision filed by petitioners. Being aggrieved by the impugned orders passed by respondents 2 and 3 respectively vide annexures-O and N respectively, petitioners herein felt necessitated to present the instant writ petition, seeking appropriate reliefs, as stated supra.