LAWS(KAR)-2002-2-56

S A RAMAPPA Vs. STATE OF KARNATAKA

Decided On February 01, 2002
S.A.RAMAPPA Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) THIS matter is taken up for hearing with the consent of learned counsels appearing on both sides.

(2.) THE petitioner has assailed the legality and validity of the impugned order passed by the second respondent. He has sought for writ of certiorari quashing the grant certificate granted vide order dated 3-7-1978 in case No. LND. SR. 1439/66-67 granted by the second respondent. He has also sought for quashing the endorsement dated 12-7-2001 in case No. LND:ruc:14:2001-02 issued by the second respondent-Tahsildar. Further the petitioner has sought for a direction directing the second respondent to consider the case of the petitioner for grant of land bearing Survey No. 24 of Dasagondanahalli, measuring 1 acre 34 guntas along with the case of the legal representatives of respondent 3, and to dispose of the same afresh after due enquiry.

(3.) THE petitioner filed an application for grant of lands measuring 1 acre 34 guntas of land situated at Dasagondanahalli, Doddaballapur taluk, which was granted in favour of third respondent on the ground that he has got adjacent land measuring 4 acres and he is in enjoyment of the same. The validity of this grant was questioned by the petitioner before the Assistant Commissioner in appeal. The Assistant Commissioner set aside the grant stating that the report of the Revenue Inspector and the spot mahazar establish that the petitioner has been in possession and cultivation of the land in question. The Assistant Commissioner directed the second respondent to consider the application of both the parties and to pass orders afresh. Against the order of the assistant Commissioner, the third respondent filed an appeal before the deputy Commissioner. The Deputy Commissioner by his order dated 23-1-1987, set aside the order of the Assistant Commissioner holding that there was no possibility of regularisation of the unauthorised cultivation.