J N APPAJI GOWDA Vs. KAR APP TRIBUNAL

JUDGEMENT

(1.) The petitioner, an agriculturist of village Jinnejaahalli, Channaray- apatna Taluk, Hassan District, was granted 4 acres of dry land from out of Sy. No. 25 of that village by the T'ahsildar of Channarayapatria Taluk (3rd respondent herein) in the month of September, 1962. After (obtaining the certificate of title - Saguvali Chit - the petitioner obtained possession of the land and is in possession thereof. Some villagers raised objections by filing a petition before the Assistant Commissioner re: this grant of land in favour of the petitioner- The Assistant Commissioner, on 6-12-1965, by his order in case No. R. A. 50/ 62-63 allowed their petition cancelling the grant made in favour of the petitioner. The petitioner preferre4 an appeal against that order before the Deputy Commissioner, Hassan District (2nd respondent herein) in R. A. No. 8167-68. That appeal was dismissed on 4-9-1967. The petitioner preferred; a further appeal against that order to the Karnataka Revenue Appellate Tribunal (Tribunal) (respondent-1 herein) . The Tribunal, by its order dated 31-3-1969 and passed in its Appeal No. 346/68 (LR), set aside the orders of the Assistant Commissioner and the Deputy Commissioner, and directed the Deputy Commissioner to regularise the grant made to the appellant. Since the entire case of the petitioner in this petition rests on this direction the same is extracted below:

(2.) In this petition, filed under Article 226 of the Constitution, petitioner seeks a writ of certiorari to quash the impugned orders, Annexures 'D' and 'E'. He also seeks a further direction to respondents 2 and 3 to follow the earlier appellate orders of the Tribunal.

(3.) The question that arises for consideration in this case is, as to whether the Deputy Commissioner, Hassan (2nd respondent) could have disregarded the directions given by the Tribunal in its Appeal No. 346 of 1968 (LR) (Annexure-A) and passed an qrder as per Annexure-D.