DEPUTY COMMISSIONER Vs. VENKATARAMANA RAISAD

JUDGEMENT

(1.) THE appellants have assailed the correctness of the order dated 22.02.2007 passed in W.P.No. 13975/2005 by the learned Single Judge, wherein the respondent herein had assailed the correctness of order dated 28.02.2005 passed in RB/LNDJ.I/AP/CR-3/04-05 and order dated 30.03.2000 passed by the Assistant Commissioner, Sirsi sub-division, Sirsi

(2.) THE brief facts of the case are: The respondent herein claiming to be a well qualified M.Sc. graduate filed Form No.50 under Rule 108(C) for regularization of unauthorized cultivation of land measuring 3.00 acres of Margundi village of Sirsi Taluk. On 09.07.1991 pursuant to the application filed by the respondent herein and after verifying the contents of the prescribed form filed by the respondent, the third appellant submitted his report to the Committee for Regularization of Unauthorized cultivation. The said committee in turn has passed a resolution dated 01.09.1994 regularizing his unauthorized cultivation. The third appellant being aggrieved by the decision taken by the Regularization Committee has filed an appeal before the Second appellant in proceedings No.LAE/12/98-99. The said matter came up for consideration before the second appellant on 30.03.2000. After conducting thorough enquiry, the said authority rejected the claim of the respondent on the ground that, he is holding more than 2 hectares of land. Assailing the correctness of the order passed by the second appellant, the respondent herein filed an appeal under Section 136(3) of Karnataka Land Revenue Act, before Deputy commissioner- first appellant herein. The first appellant in turn, after thorough verification of material available on record, held that the respondent possesses more than 14-6-06 (A-G-A) of'D)' class land and is entitled to the share in the property inherited through the family as per the order passed by the second appellant by its order dated 28.02.2005 in proceedings No.RB/LND-II/AP/CR-3/2004-05. Not being satisfied with the order passed by appellants 2 and 1, the respondent herein filed W.P.No. 13975/2005. The said matter came up before the learned Single Judge on 22.02.2007. The writ petition filed by the respondent was allowed and the orders passed by the appellants 2 and 1 dated 30.03.2000 and 28.02.2005 respectively were set aside. Being aggrieved by the order impugned, passed by the learned Single Judge, the appellants have presented this appeal.

(3.) AFTER hearing the learned AGA appearing for the appellants and learned Counsel appearing for the respondent, the only point that arise for consideration is: