O. G. SRINIVASAMURTHY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned counsels for the petitioner and the sixth respondent, the learned Additional Government Advocate and the learned counsel for the impleading applicant, and perused the impugned order dated 20.11.2019 in the proceedings in LND 7/2019 on the file of the Deputy Commissioner, Mysuru District.

(2.) The controversy inter se the petitioner and the sixth respondent is as regards the allotment of land measuring 8 acres in Block No. 5 and 6 in Sy.No.30 (New Sy.No.276) of Byalaru village, Nanjanagud Taluk, Mysuru District. The sixth respondent contends that this 8 acres overlaps the land granted to her predecessor-in-title by the erstwhile Maharaja of Mysuru in the year 1952 and therefore, she challenged the grant as well as the subsequent Durasthi in favour of the petitioner for this extent of 8 acres in Sy.No.30. The present dispute is because the Assistant Commissioner, Mysuru in a proceeding under Section 49 of the Karnataka Land Revenue Act, 1964 has set aside the grant in favour of the petitioner, and the Deputy Commissioner in the proceeding in LND/7/2019 filed by the petitioner challenging the Assistant Commissioner's order, though initially granted an order of stay but by the impugned order dated 20.11.2019 has vacated the same.

(3.) The petitioner's grievance, as canvassed in this petition, is that the impugned order dated 20.11.2019 is without giving him an opportunity. The sixth respondent, who is also a party to the proceeding, has filed an application on 20.11.2019 before the Deputy Commissioner for vacating the interim order and the petitioner has taken time to file objections. The petitioner was under the impression that he could file objections to such application on the next date of hearing, but in the meanwhile, he was served with the copy of the impugned order dated 20.11.2019.