RAJASAB AND ORS. Vs. M.F. INGALAGI AND ORS.

JUDGEMENT

(1.) THE order dated 17.1.2005 passed by the Deputy Commissioner, Uttara Kannada and order dated 30.9.2010 passed by the Karnataka Appellate Tribunal, Bangalore in Appeal No. 871/2005 vide Annexures -L & M are sought to be quashed in the present writ petitions.

(2.) THE facts leading to the case are that one Fakirsab Ingalagi was granted an extent of 4 guntas in Plot No. 141 of Sy. No. 186/A2 in Mundagod Village in the year 1969. Though the grant was made, 'Kabulayat' (sale deed) was not issued. The original grantee Fakirsab Ingalagi died in the year 1982. On his death, his L.Rs. made an application for change of revenue entries and also for issuance of necessary certificates. On such an application made by the L.Rs. of Fakrisab, these petitioners also made application to the Deputy Commissioner seeking cancellation of grant made in favour of Fakirsab in the year 1969 and to grant the same extent to the petitioners. It is stated that they are in unauthorized occupation but Fakrisab is not in possession since the order of grant.

(3.) THE learned counsel for the petitioners, submits that a specific finding has been given by the Karnataka Appellate Tribunal in Appeal No. 651/2001 and 130/2002 that grant made in favour of Fakirsab was not followed by Kabulayat (sale deed) and there is no finding that whether he has put up construction in compliance of the conditions stipulated in the grant. Thereafter the L.Rs. of Fakirsab have also not complied the condition of putting up construction. The petitioners who are in unauthorized occupation and said Fakirsab and his L.Rs. were not residing in the land, which was granted to Fakirsab nor they have put up construction. The Karnataka Appellate Tribunal in order to provide final opportunity set aside the order and remanded the matter for fresh consideration.