Girish B D v. State Of Karnataka, Rep By Its Principal Secretary, Bangalore
2011-01-21
D.V.SHYLENDRA KUMAR
body2011
DigiLaw.ai
JUDGMENT 1. Provisions of Section 94A of the Karnataka Land Revenue Act, 1964 (for short `the Act’) is a provision which at the best can enable an unauthorised cultivator in occupation and cultivation of a government land otherwise available for grant to be granted in favour of such person. 2. A person not in occupation and cultivation can never putforth a claim under the statutory provisions just because the statutory provision exists. 3. Writ petitioner is a person, who claims is in unauthorized occupation and cultivation of an extent of 4 acres of land in Sy.No.9, of Nippani Village and on such basis had filed application in Form No.53 to the 4th respondent – Secretary & Tahsildar, Regularization of Unauthorised Cultivation of Land Committee, Sagar Taluk, Sagar, Shimoga District, and also indicated that the subject land was under such unauthorised cultivation since his father’s time etc. The application was enquired into by the Committee and based on the report submitted by the revenue authorities it was found that the petitioner was never in cultivation; that the land was not a cultivated land, but was a government banjara bhoomi and on that premise the Committee dismissed the application as there was no scope for granting land in favour of a person not cultivating the land. The first appellate authority – the Asst. Commissioner dismissed the case and in revision the Deputy Commissioner did not find occasion to interfere with the order of the Asst. Commissioner, as the finding was correct, it is against such orders, the present writ petition. 4. Appearing on behalf of the petitioner, submission of Sri. Ganapathi, learned counsel is that all the three authorities have consistently erred in recording a wrong finding; that the subject land was and is very much under occupation and cultivation by the petitioner etc; that he has constructed a house and is residing therein and therefore, the matter warrants interference etc. 5. A finding of fact cannot be disturbed by this Court in a petition under Articles 226 & 227 of the Constitution of India, unless perversity is writ large on the face of the record. No such perversity is found in the orders impugned, if the Committee has decided the matter based on relevant consideration on obtaining a report, there is no scope for interference in this petition, it is accordingly dismissed.