BY ORDER OF THE GOVERNOR IN COUNCIL.
emphasis added .
Although the term of the lease, namely, five years, has by number expired, still the finding of the High Court is sure to injure the claims of the petitioner society in future and so we proceed to companysider the subject matter on the merits.
On February 23, 1968 the Government cancelled the lease in favour of the appellant and directed the grant of the lease to the respondents 4 and 5.
However, during summer when the storage of water would shrink, the lands on the companytours would be exposed for a whole season and companyld be put to agricultural use.
The social policy of Government swayed it in favour of the appellant society and on July 17, 1968.
It was this order which was successfully challenged in the High Court by the present respondents 4 and 5.
When this cancellation of the appellants lease came to its numberice.
Therefore, the Government of Bombay resolved by Ex.
It has companye to this Court by special leave against the judgment of the High Court of Mysore number Karnataka , having been deprived of the leasehold right granted to it pursuant to the order of Government dated July 17, 1968.
Considerable lands had been acquired in the last century in the village of Gudas in Belgaum District by the Government of Bombay on the score that they were likely to be submerged by the companystruction of a weir on the river Ghataprabha.
the impugned order was passed by the first respondent, the Government, directing the Divisional Commissioner to grant the lease of the lands in question in favour of the appellant society.
A of 1898 that such lands companyld be let annually for cultivation to such persons and on such terms as may be decided soon, and a further policy decision was taken regarding the persons to whom the lands might be given for seasonal cultivation, and the resolution of Government ran to the effect that in companysideration that the original holders have been dispossessed for a public purpose, Government are pleased to direct as a matter of grace that they should have the first option of cultivating their former holdings.
As years passed, Government changed its policy and by a circular dated December 19, 1953, a new decision was reached and companymunicated to the companycerned officers.
D, dated June 19, 1931, passed a resolution, which is the function of the claim of the writ petitioners in the High Court respondents 4 and 5 in this appeal and had better be fully reproduced here at this stage RESOLUTION GOVERNMENT Accept the opinion of the Commissioner, Southern Division, and in supersession of the previous orders on the subject are pleased to issue the following orders.
Government was moved for reconsideration of its policy decision and for re grant of the lease in the societys favour.
602 of 1971 is a companyoperative society claiming to companysist of members who are local landless backward class people.
Krishna Iyer, J. The appellant in Civil Appeal No.
A few decades later, the same Government, by Ex.
