BASAPPA KALLAPPA LAGAMANNAVAR Vs. DEPUTY COMMISSIONER DHARWAD

JUDGEMENT

(1.) This petition has been filed seeking quashing of the impugned order at Annexure-E dated 17.07.2018 passed by respondent No.1-Deputy Commissioner whereby the Deputy Commissioner rejected the claim of the petitioners and allowed the claim of the respondents No.2 to 5 in respect of the subject land bearing R.S.No.331 measuring 16 acres 20 guntas situated at Hebballi village and Taluk Dharwad district.

(2.) I have heard the learned counsel for the petitioner and the learned counsel for respondents No.2 to 5 as well as the learned AGA for respondent No.1 and perused the material on record.

(3.) Learned counsel for the petitioners submits that petitioner No.1 is the son of one Kallappa Beerappa Lagamannavar, who was also the uncle of petitioners No.2 and 3. After the subject land stood resumed by the Government in accordance with the Bombay Saranjam Resumption Rules, 1952, the said Kallappa who was a protected tenant was re-granted the subject land vide order at Annexure-B dated 10.06.1959. Though the resumption of land was challenged by the landlord before this Court by way of writ petition, the same was withdrawn by him.