KANAKARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have filed the present writ petition for the following reliefs:

(2.) It is the case of petitioner Nos.1 and 2 that they are in possession and enjoyment of the lands measuring 1 acre 10 guntas each in Sy.No.168 situated at Harohalli village, Hosakote taluk. On 6.9.1991, they have filed applications in Form No.50 for regularization of unauthorized cultivation before the 2nd respondent. On 29.9.1994, the regularizing authority regularized the land in favour of the petitioners and respondent No.5 for different extents in Sy.No.168 of Harohalli village. Accordingly, the petitioners have paid the occupancy price on 4.2.1996 and subsequently the saguvali chit came to be issued on 12.2.1996 and thereafter, the revenue authorities acting on the regularization order and saguvali chit, entered the name of the petitioners in Mutation Register, RTC and other revenue records on 25.3.2009.

(3.) When things stood thus, the Tahasildar filed an appeal before the Assistant Commissioner under Rule 108- D(6) of the Karnataka Land Revenue Rules, 1966 {'Rules' for short}. In response to the notice, the petitioners filed objections before the Assistant Commissioner with regard to the jurisdiction to entertain the appeal. The Assistant Commissioner after hearing both the parties by the impugned order dated 17.5.2013 allowed the appeal and cancelled the grant, exercising the powers under the provisions of Rule 108-K of the Rules. Hence, the present writ petition is filed.