D M NAMJJAPPA Vs. S A RAMAPPA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment of the Division Bench of Karnataka High Court in the Writ Appeal. The Division Bench allowed the Writ Petition by setting aside the judgment of the learned single Judge.

(3.) Briefly stated, the land in dispute was granted to the appellant by the revenue authority under sub-rule (2) of Rule 4 of the Karnataka Land Grant Rules, 1969 (for short 'the Rules') framed under Section 197 of the Karnataka Land Revenue Act, 1964 for better cultivation of the land as the land of the appellant was adjacent to the disputed land. The grant was confirmed both by the Deputy Commissioner and the Appellate Tribunal. Being aggrieved, respondent filed the Writ Petition before the High Court which was dismissed by the learned single Judge but allowed by the Division Bench. The Division Bench directed the Tehsildar to grant the disputed land after taking into consideration the priorities under Rule 5 read with Rule 6 of the Rules. The Division Bench also held that as the appellant was already having 4 acres of land he could not be said to be poor or a landless person.