GANGANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner in this writ petition has called in question the proceedings initiated by the fifth respondent the Karnataka Scheduled Caste and Scheduled Tribe Commission for resumption of land held by the fourth respondent herein claiming to be the legal heir of the original grantee.

(2.) Brief facts leading to the filing of the present petition are that:

(3.) Upon issuance of notice, petitioner filed his objections before the Assistant Commissioner contending that out of the aforesaid extent of land, 25 guntas of land in Sy.No.5 of Gowdanayakanahalli village had been granted to him on 17.08.1978 and he was in possession of the same on the strength of his own grant. Notwithstanding the objections, the Assistant Commissioner by his order dated 03.10.1994 ordered restoration of 24 guntas in favour of the fourth respondent. The petitioner filed an appeal before the Deputy Commissioner in terms of Section 5A of the said Act, which came to be allowed by setting aside the order of the Assistant Commissioner, but remitting the matter back to his hands for reconsideration by his order dated 27.04.1995.