The Assistant Commissioner lacks authority to reverse land regularization after 25 years without a valid notification under the Forest Act.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

ORAL ORDER Sri.K.M.Ghate., counsel for the petitioners and Sri.Mallikarjun Sahukar., AGA for the respondents have appeared in person.

2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 15.04.2024 passed by the second respondent in File No.REV/LND/CR-190/A/2023-24/172- 175 and File No.REV/LND/CR-190/B/2023-24/176-179 vide Annexures-A and A1.

3. The petition averments are as under:

It is said that the land bearing Sy.No.47 of Sultanpur-J Village was Government land and the petitioners and three others were unauthorizedly cultivating the said land since their forefathers. On account of introduction of amended proviso of Rule-108 of the Karnataka Land Revenue Act and on the directions issued by the Tahsildar concerned, the petitioners filed application for regularization of their unauthorized cultivation. The Tahsildar directed the Village Accountant and Revenue Inspector to submit report about the unauthorized cultivation by the petitioners. The Revenue Authorities submitted a detailed report along with Survey sketch map and recommended for regularization of unauthorized cultivation. The Tahsildar submitted a letter to the third respondent with a request to issue no objection certificate for the purpose of getting regularized the unauthorized cultivation by the petitioners and two others on 04.11.1998. The Regional Forest Officer of the third respondent office submitted a letter to the Tahsildar putting their no objection to regularize unauthorized cultivation and thereby issued C-Form in favor of the persons who have unauthorizedly cultivated the aforesaid land bearing Sy.No.47 situated at Sultanpur-J Village, Taluk and District Bidar on 10.11.1998.

It is stated that the Tahsildar office on getting completed all the formalities regularized the unauthorized cultivation and thereby directed the petitioners to deposit the upset price amount of Rs.4,468/- respectively to the Government Treasury as per Challan dated 19.12.1998 and 30.12.1998 vide Annexures-F and F1. The Tahsildar after completion of the above said formalities, ordered for issuance of C-Form in favor of the petitioners, getting regularized the unauthorized cultivation on land bearing Sy.No.47 measuring to an extent of 04 Acres 20 Guntas in favor of petitioner No.1 as per C-Form dated 19.12.1998 and accordingly, in favor of petitioner No.2 to an extent of 04 Acres 38 Guntas dated 31.12.1998.

It is contended that the petitioners are in actual possession and cultivation of the aforesaid extent of land, however, the fourth respondent on getting survey and demarcation, proceeded in allotting new survey numbers on the name of petitioners as Sy.No.47 (old) and Sy.No.129(B) to an extent of 04 Acres 20 Guntas on the name of petitioner No.1 and 04 Acres 38 Guntas on the name of petitioner No.2 in Sy.No.47 (old) and Sy.No.130 (new) both situated at Sultanpur-J Village. Since the date of regularization of unauthorized cultivation and issuance of C-Form, on the mutation sanctioned by the fourth respondent on the name of the petitioners, their names are continuously appearing in all the revenue entries, to which more than 25 years have passed. However, the Assistant Commissioner after a lapse of almost 25 years, vide order dated 15.04.2024 cancelled the C-Form issued in favor of the petitioners stating that the subject land is a Forest land and not a revenue land and there is a contravention of provisions Sections 94-A(4) and (4)(f) of Karnataka Land Revenue Act , 1964 R/w Rule 108-I(1) and (2) of Karnataka Land