Point of law: Act of the appellant-State Government is arbitrary and illegal in denying the compensation to the real owner.

JUDGMENT :

This intra-Court appeal is filed by the State Government challenging the order dated 13.01.2021 passed in W.P.No.61563/2011 (LA-RES) by the learned Single Judge, whereby, petition filed by the respondent No.1 was allowed.

2. Brief facts giving rise to the filing of this appeal are that, the respondent No.1 invoked the jurisdiction of writ court under Article 226 of the Constitution of India, seeking prayer to issue writ in the nature of mandamus directing the revenue authorities to restore the possession of the land or pay compensation. It is averred that, the respondent No.1 is the owner, in lawful possession of agricultural land in block No.33 measuring 5 acre 24 guntas in Saidapur village of Dharwad taluk. He was working in Indian Air force, hence, he could not cultivate the land in question. At the request of respondent No.1, the State Government took over the possession of the land for the management under Section 65 of the Bombay Tenancy and Agricultural Land Act, 1948 by passing an order dated 24.02.1960.

3. The land in question was allotted to one Sri. A.A. Morab by the revenue authorities for cultivation of land for a period of ten years and after expiry of the period the original owner i.e. the respondent No.1 requested the Assistant Commissioner, Dharwad to restore the land in question. Pursuant to the said request the Assistant Commissioner vide order dated 21.06.1971 ordered for restoration of land in favour of respondent No.1. The allottee of the land Sri. Morab assailed the order dated 21.06.1971 before the appellate authority. The appeal came to be dismissed. After dismissal of the appeal the allottee filed O.S.No.19/1973 before the Munsiff Court, Dharwad, challenging the order of the Assistant Commissioner dated 21.06.1971. The suit came to be dismissed. Being aggrieved by the dismissal the allottee filed R.A.No.15/1975 on the file of Additional Civil Judge, Dharwad. The said appeal was also dismissed on 30.09.1978.

4. The allottee had filed an application in Form No.7 under Section 48A(i) of the Karnataka Land Reforms Act for grant of occupancy right as a tenant. The Land Tribunal allowed the application on 05.04.1978. The respondent No.1 challenged the order of the Land Tribunal in Writ Petition No.5266/1978. This Court allowed the writ petition and the matter was remanded back to the Land Tribunal for fresh consideration. The Land Tribunal once again passed an order dated 28.11.1988 without notice to the respondent No.1 granted occupancy right in favour of Sri. A.A. Morab. The order of the Land Tribunal was again assailed by the respondent No.1 in W.P.No.40120/1993. This Court vide order dated 01.07.2006 set aside the order of the Land Tribunal and directed the Land Tribunal to settle the dispute, keeping in mind the ratio laid down in Hanumantha Durga Naik Vs. State of Karnataka, reported in 1988 (3) KLJ 294.

5. It is averred that, meantime the allottee had developed the land by forming residential layout and sold to third parties. The Deputy Commissioner confiscated the land in question and deleted the name of Sri. A.A. Morab from Kabjedar column of revenue records on 22.10.1998.

6. After remand the Land Tribunal, Dharwad, vide order dated 31.05.2010 held that, Sri. A.A. Morab cannot claim as a tenant and rejected the form No.7.

7. It is further averred that, the respondent No.1 approached the Tahasildar for restoration of land. The revenue authorities have informed the respondent No.1 vide letter dated 23.07.2010 that the subject land has already been acquired, for the benefit of University of Agricultural Science, Dharwad, on 01.04.1999. It was also informed that, the allottee Sri. A.A. Morab had filed an application under Section 18(1) of the Land Acquisition Act, 1894 seeking reference. The reference Court in LAC No.366/1989 has fixed the market value of the land in question at Rs.50,000/-per acre and the petitioner was advised to withdraw the compensation amount kept in Revenue Deposit pursuant t