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2009 DIGILAW 820 (KAR)

M. B. Nemanna Gowda Alias M. v. Manmatha VS State Of Karnataka

2009-11-02

B.V.NAGARATHNA, V.GOPALA GOWDA

body2009
JUDGMENT : V. Gopala Gowda, J. This appeal is filed against order dated 22-10-2007 passed by the learned single Judge dismissing the writ petition. In the writ petition the appellant herein has sought for quashing the endorsement dated 10-9-2007 issued by the Tahsildar refusing to enter Katha in his him in respect of lands in Sy. Nos. 77, 78 and 79 of G. Agrahara Village since entries in the name of Forest Department. 2. The grievance of the appellant is that he has been registered as an occupant of the lands in question under Section 6 of the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 by the Deputy Commissioner vide order dated 20-3-1975, By mistake, the Deputy Commissioner has transferred these lands to Forest Department along with other lands. 3. There is delay of 352 days in filing this appeal. Accepting the reasons stated, Misc. W. No. 1172 of 2009, the same is allowed and the delays in filing this appeal is condoned. 4. Since the matter can be disposed of on a short point, learned Government Advocate, Smt. A. D. Vijaya is directed to take notice on behalf of respondents. 5. It is seen that as per Annexure-N, dated 7-5-2007 produced along with the writ petition, the Deputy Commissioner directed the Tahsildar to conduct enquiry in the matter and submit a report. It appears, the Tahsildar has not conducted enquiry while issuing the Endorsement at Annexure-A dated 10-9-2007 impugned in the writ petition. The learned Single Judge has not considered all these aspects. Therefore, the order of learned Single Judge cannot be sustained. 6. In the circumstances, the Deputy Commissioner himself can verify the order passed by him registering the appellant as occupant and pass suitable order retransferring the lands to the appellant if he is satisfied. The appellant can renew his request to make katha in his name after the Deputy Commissioner pass the order. Since the order in favour of the appellant was of the year 1975, the Deputy Commissioner is directed to expedite the matter and pass suitable order within a month from the date of receipt of a copy of this order. 7. Accordingly, the writ appeal is disposed of quashing the order of learned Single Judge and the writ petition also stands disposed of with the above directions. 8. The Government Advocate is permitted to file her memo of appearance in three weeks.