LAWS(KAR)-2000-3-34

D DEVAIAH Vs. DEPUTY COMMISSIONER MANDYA DISTRICT

Decided On March 21, 2000
D.DEVAIAH Appellant
V/S
DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYAAND Respondents

JUDGEMENT

(1.) THIS Writ petition has been filed for quashing the order dated 2. 5. 1998 (Annexure 'c') passed by the respondent - Deputycommissioner directing the respondent-Tahsildar to grant 8 guntas of land in Sy. No. 211 of Hulivana Village, Mandya Taluk, Mandya district, in favour of the 4th respondent Sri. H. C. Chowdaiah.

(2.) ACCORDING to the Petitioners, they are owners of various subdivided extent of lands in Sy. No. 211 and 212 of Hulivana Village. Their grievance is that the disputed land being Halla Karab and which situates between Sy. No. 211 and 212, could not have been directed to be granted in favour of the 4th respondent by way of regularisation of his alleged unauthorised occupation under Section 94a of the Karnataka Land Revenue Act (In Short the 'act') read with the Karnataka Land Grant Rules, 1969 (in short the 'rules ).

(3.) KEEPING in view the nature of the controversy, we had called for the original records of the revenue authorities which have been made available to us. On perusal of the records, it is revealed that the 4th respondent had made an application dated 1. 8. 1991 in Form no. 50 for regularisation of 16 guntas of land lying by the side of sy. No. 211 of Hulivana Village on the ground that the same was in his unauthorised occupation for about 28 years.