H.L. SUBRAMANYA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Heard Sri. Shivanand, learned counsel appearing for petitioner and Sri. Y.D.Harsha, learned AGA appearing for respondents. Perused the case papers.

(2.) Petitioner filed an application in Form No.53 under Rule 108-CC(1) of Karnataka Land Revenue Rules, 1966 (for short 'Rules') on 22.03.1999 before Regularization of Unauthorised Cultivation of Land Committee seeking regularization of his unauthorized cultivation of land measuring 5 acres bearing Sy.No.1 of Basavani Village, Mattur Hobli, Thirthahalli Taluk, Shivamogga District.

(3.) Third respondent by order dated 17.02.2004-Annexure-B rejected said application on the ground that petitioner was not cultivating said land. Being aggrieved by said order petitioner filed an appeal in R.A.No.35/2007-08 before second respondent, who by order dated 08.02.2011 dismissed the same on the ground of said authority not being an appellate authority. Thereafter, petitioner filed an appeal under Section 108-D(6) before first respondent in R.A./2011- 12. Appellate authority by impugned order dated 08.08.2011-Annexure-E rejected the appeal by confirming the order dated 17.02.2004 on the ground that there was no proof of cultivation prior to the appointed date.