CHIDANANDA ULLAL, J.

( 1 ) THE petitioner herein being a Society registered under the Karnataka Societies Act was running an educational institution under the name and style 'shanthi Vidya Kendra' situated at Parvathinagar, Bellary, and it had filed the instant writ petition as against the respondents Nos. 1 to 4. As could be made out from the cause title, the respondent No. 1 is the State and the respondent No. 2 is the Assistant Director of Land Records, whereas the respondent No. 3 is the Principal District and Sessions Judge, Bellary and the respondent No. 4 is the Bellary Urban Development Authority; of course the respondent No. 4 subsequently was given up by the petitioner by filing a memo on 30-5-1997.

( 2 ) I heard the learned Counsel for the petitioner Sri. P. R. Ramesh and the learned Counsel for the respondent No. 3 Sri. K. Gopal Hegde. The respondent No. 1-State and the respondent No. 2 - Assistant Director of Land Records are represented by the learned Additional Government Advocate Sri. M. N. Ramanjaneyagowda.

( 3 ) IN filing the writ petition, the petitioner Society had sought for the following reliefs:" (I) Issue a writ of certiorari or any other appropriate writ, order or direction to quash the endorsement No. CTS: HB: 26/95-96 dt. 14-6-1996 issued by the second respondent vide Annexure 'k'. (ii) Issue a writ of mandamus or any other appropriate writ, order or to measure the land granted to the petitioner pursuant to grant certificate vide Annexure-A. (iii) Issue an appropriate writ, order or direction, directing the third respondent not to interfere with the peaceful possession and enjoyment of the land granted to the petitioner under Annexure - 'a' and (iv) Grant all other consequential reliefs including exemplary costs deemed fit in the circumstances of the case. "

( 4 ) HOWEVER, in filing the detailed objection statement by the respondent No. 3, the petitioner herein had filed a rejoinder thereto and in doing that, the petitioner had given up the prayers at (i) and (ii) above, addressed as against the respondent No. 2 and as such, for all purposes the instant writ petition is now only for the purpose of grant of prayers at (iii) and (iv) above as against the respondent No. 3 alone.

( 5 ) THE petitioner-Society's case is that it was running an educational institution for betterment of the women and children of the area and in consideration of their educational and social activities, the Tahsildar, Bellary in order No. T. H. S. 139/70. B-3 had sanctioned Government land measuring 50 cents or 2,000 square yards in Sy. No. 11/2 of Bellary village and the same was granted to it under, the Standing Order No. 21. The land was situated by T. S. No. 11/1 all around and the same was sold to it, for a sum of Rs. 1,277. 50 Ps. and accordingly assigned to it as per the provisions of Boards Standing Order 21 subject to certain conditions, more fully set out in the order, copy at Annexure 'a' to writ petition. That, the petitioner- Society had constructed a school building and was also running the educational institution by obtaining a duly sanctioned Plan from the local Municipal Authority. That, subsequently, the petitioner had extend the building without there being any plan for the reason that the Society was exempted from paying taxes to the Municipality and that the local authority had demolished that additional construction as the same was without sanctioned plan. That the petitioner Society thereafter approached the respondent No. 2-the Assistant Director of Land Records (henceforth in brief as the ADLR) for measuring of the land of the society assigned to it as above and the respondent No. 3-District Judge intervened by writing to the ADLR that the entire land bearing T. S. No. 11/2 belonged to the Government, i. e. the Judicial Department, Bellary and that the petitioner-Society had illegally built a school by encroaching the land belonging to his Department and therefore requested the said Survey Authority to re

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