PINAKI CHANDRA GHOSE,J. - (1.) Leave granted.
(2.) This appeal is directed against the judgment and order dated 29th October, 2007 passed by the High Court of Karnataka at Bangalore in Writ Appeal No.850 of 2004, whereby the High Court allowed the appeal filed by Respondent No.3 herein. The High Court by the impugned judgment held that the orders passed by the Assistant Commissioner (Respondent No.2 herein) and confirmed by Deputy Commissioner, Belgaum (Respondent No.1 herein), are not legal and valid and set aside the order passed by the learned Single Judge affirming the orders passed by the said respondents.
(3.) The facts of the case are as follows: The appellant Vidya Prasarak Samithi, Ramdurg, a Trust registered under the Bombay Public Trusts Act and Basaveshwar Vidya Vardhak Sangha ("BVVS" for short), respondent No.3 herein, are running educational institutions at Ramdurg. The dispute between them is in respect of the Government land, being CTS No.1674/1, in respect of which there are rival claims by Vidya Prasarak Samithi and BVVS for use as playground for students of their respective institutions. As there was no playground in the college run by the appellant, it appears from the facts that on an application made by the appellant, the Assistant Commissioner, Belgaum, by his order dated 18 th February, 1970, granted the land in question in favour of the appellant. This order was challenged by Respondent No.3 by filing an appeal before the Deputy Commissioner, Belgaum. The Deputy Commissioner confirmed the order of the Assistant Commissioner granting land. The order of the Deputy Commissioner was further confirmed by the Divisional Commissioner. ;