C.A.V. JUDGMENT

(PER: HON'BLE MR. JUSTICE C.M.POONACHA)

1. The appeals (WA.No.218/2025, WA.No.223/2025 and WA No.225/2025) are filed by the unsuccessful writ petitioner. Writ Petition No.1343/2025 is filed by the State. In all the appeals the common order dated 24.01.2025 passed in WP.No.13192/2023, WP.No.13200/2023 and WP No.13239/2023 are impugned.

BACKGROUND FACTS.

2. Sri Anjanappa and Smt. Koramara Venkatamma were permitted to cultivate an extent of 2 acres each in Survey No. 259 from the year 1951-1952 under the Grow More Food Scheme [GMF scheme]. The said GMF scheme was commenced vide a Government Order [GO] dated 11.04.1992 issued by the then General and Revenue Department of the Government of Mysore in the background of shortage in the production of food and fodder whereunder, in order to incentivise an increase in production, it was decided to put unoccupied irrigatable lands, which had not been put into cultivation and the Deputy Commissioner was permitted to lease the said lands for a period not exceeding three years with concession and payment of assessment and thereafter give an option to the said persons for purchasing the land at a reasonable upset price at the end of the lease. Subsequently by GO dated 13.06.1942, it was ordered that the upset price would not exceed the value of the land at the time when it was given for cultivation and if possible, the upset price would be intimated in advance when permission was granted to cultivate the lands. Subsequently, by GO dated 30.06.1964 it was decided to grant the land for five years on lease whereunder, the first two years would be free of assessment, the third and fourth years would be half assessment and the fifth year would be full assessment.

3. An extent of 2 acres of land granted to Smt. Koramara Venkatamma was vide order No.LND.SR(3)-310/60-61 dated 21.05.1961. The said extent of 2 acres in Survey No. 259 was at Sl.No.22 and hence, was numbered as Survey No.259/22. The Grant conferred in favour of Anjanappa was vide No.LND.SR (2)-225/60-61 dated 21.01.1966, of an extent of 2 acres in Survey No.259 which was at Sl.No.18 and hence, numbered as Survey No.259/18.

4. It is pertinent to note that the confirmation of grant in favour of Smt. Koramara Venkatamma was in the year 1961 and the confirmation in favour of Anjanappa was in the year 1966 (i.e., five years thereafter). It is also pertinent to note that Survey No.259, which was Gomal land, was of a total extent of 225 acres 16 guntas, out of which an extent of 125 acres was granted to various persons under the GMF scheme. The said grants to various persons were ranging from 6 acres to 2 acres. The sketch filed by the Tahsildar before the learned Single Judge also indicates that the grant made in favour of Smt. Koramara Venkatamma was at the northern portion of Survey No.259 and the grant made in favour of Anjanappa was in the southern portion of Survey No.259.

5. On 05.04.1967, Smt. Koramara Venkatamma (described as a daughter of Sri. Koramara Krishnappa), sold the said 2 acres of land that was granted in her favour to Sri. B.G.Muniyappa by a registered Sale Deed for a sale consideration of ₹400/-. The revenue records were mutated in favour of Sri. B.G.Muniyappa vide MR.No.6/67-68 and the RTCs also reflected his name till 1995-1996 in respect of Survey No.259/22. Vide MR.No.52/95-96, the revenue entries standing in the name of Sri. B.G.Muniyappa were mutated in the names of his sons i.e., Sri. B.M.Govindaraju and Sri.B.M.Narayanaswamy, on the basis of an oral partition. On 16.09.2006, Sri. B.M.Narayanaswamy and his children executed a Sale Deed in favour of Sri. A.J.James and his wife Smt. Ancy James in respect of 1 acre in Survey No.259/22 (northern portion) for a total sale consideration of ₹22.05 lakhs. The revenue entries were also mutated in favour of the said Sri. A.J.James and Ancy James vide MR No.213/2006-07. The southern portion of one acre was retained by Sri. B.M.Govindaraju, the other son of Sri.B