S.N. SATYANARAYANA, J.

1. These three writ petitions pertain to three sale transactions entered into between the owners of lands bearing Sy. Nos. 110, 112 and 113, each measuring 2 acres, which were part of earlier Sy. No. 23 of Singasandra village, Kasaba Hobli, Anekal Taluk, subsequently each 2 acres is phoded and given separate survey numbers, as stated supra.

2. The fact that land bearing new Sy. No. 110 measuring 2 acres was granted in favour of one Kenchappa S/o. Kothanna is not in dispute. Similarly, land bearing new Sy. No. 112 measuring 2 acres was granted in favour of one A.K. Mada S/o. Chooda and land bearing New Sy. No. 113 measuring 2 acres was granted in favour of one Thoti Chikaida S/o. Chowda is also not in dispute. The grant in favour of all these three persons is under common order dated 7.11.1951 by the Deputy Commissioner, Bengaluru District, vide Official Memorandum bearing No. M2.DAZ.217/1950-51, where grant was considered in all for 20 persons to dispose of 39 acres 15 guntas of Gomal land in erstwhile Sy. No. 23 of Singasandra village, Kasaba Hobli, Anekal Taluk. It is seen that out of 20 grantees, 19 persons were given 2 acres each and one person by name Muniswamiga bin Pothanna was given 1 acre 15 guntas in taking the total land to 39 ares 15 guntas.

3. Subsequently, it is seen that except 2 acres which was granted in favour of one Chowriga Pelsagaiah S/o. Mariga, all other grants were confirmed in their respective names and the grant in favour of said Chowriga is cancelled. In the grant order, Kenchappa bin Kothanna is grantee at Sl. No. 1, Thoti Chikaida bin Chowda is at Sl. No. 14 and A.K. Mada bin Chooda is at Sl. No. 18. The fact that grant in their favour is during the period when Grow More Food Scheme was in force is not in dispute.

4. Before proceeding further, what is to be seen is the scheme which was initially started under GO. No. R. 6580-93-R.M.65-41-1, dated 11.4.1942 issued by Government of His Highness the Maharaja of Mysuru, General and Revenue Department, which is with reference to augment Food and Fodder Crops, which was subsequently referred to as Grow More Food Scheme in subsequent notification. In the said notifications, the intention of Government is spelt out, which is in an effort to bring the uncultivated (fallow land) lands by giving them to landless people and people with minimum land holding to ensure that the said lands are brought under cultivation to improve food production in the State. In this regard, certain sops were also provided to the public at large to take up the said lands for cultivation under aforesaid scheme.

5. The first notification which was issued on 11.4.1942 received poor response, which prompted the Government in issuing second notification in succession in GO. No. R.7955-70-R.M.65-41-10, dated 13.6.1942. In the second notification, at paragraphs 3 and 4, it was discussed that in the light of general public not coming forward to take up land for cultivation on lease under an apprehension that as and when they develop fallow land into cultivable land by improving the same, it will automatically increase the value of such land. The same would come in the way of they purchasing the said lands at the end of initial lease period, which was leased under first notification. Accordingly, in the second notification dated 13.6.1942 the Government made it clear to fix the upset price with reference to lands to be leased out upfront, i.e., even before development is made to those lands by the persons to whom it would be given out on lease/long term lease for cultivation, thereafter to facilitate them to purchase the same. While doing so, the Government also decided about the upset price to be fixed. At that time, upset price which was decided was in the range of three times the assessment value. The assessment pattern for first two years was that it would be free of assessment; for third and fourth years, it would be half assessment; and for fifth year it w