N.K. VENKATARAMANAIAH S/O K. KRISHNAPPA Vs. SRI SHIVAKUMAR S/O CHIKKANARASIMHAIAH, THE ASST. COMMISSIONER AND THE DEPUTY COMMISSIONER

JUDGEMENT

(1.) THIS appeal is filed by the Petitioner in W.P. No. 23925/2009 being aggrieved by the order dated 15 -12 -2009 passed by the learned Single Judge, wherein the learned Single Judge dismissed the writ petition filed by him and upheld the order passed by the Deputy Commissioner confirming the order passed by the Assistant Commissioner.

(2.) THE facts of the case are as follows:

(3.) BEING aggrieved by the order passed by The Deputy Commissioner confirming the order passed by the Assistant Commissioner, the Appellant preferred W.P. No. 23925/2009 contending that the order passed by the Assistant Commissioner as well as the Deputy Commissioner are contrary to law and sought for allowing the writ petition. The learned Single Judge after considering the arguments addressed by the parties dismissed the writ petition holding that, in the earlier proceedings initiated by the Assistant Commissioner in the year 1981, neither the first Respondent nor his father were made parties to the said proceedings. Hence, any order passed by the Assistant Commissioner will not bind the first Respondent. Further, the records disclose that as on the date of granting the land, the father of the first Respondent belonged to the Nayaka Community, which is a depressed class. Subsequently, in the year 1986 it was declared as ST community. Hence the provisions of the PTCL Act is applicable and also held that there is no infirmity or irregularity in the order passed by the Deputy Commissioner as well as the Assistant Commissioner. Accordingly, dismissed the writ petition. Being aggrieved by the said order, the Petitioner preferred this appeal.