BHADRAPPA CHANNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this appeal, the appellant calls in question the order dated 13th November, 2008 passed by the learned single Judge dismissing the W.P. No. 13943/2005 filed by him challenging the order dated 5-2- 2005 passed by this Deputy Commissioner, confirming the order dated 8-5-2002 passed by the Assistant Commissioner restoring the land in favour of the 4th respondent, son of the original grantee:

(2.) THE brief 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 has preferred W.P. No. 13943/2005 before this Hon'ble Court contending that the order passed by the Assistant Commissioner as well as the Deputy Commissioner restoring the land in favour of the legal representatives of the original grantee is contrary to law. Further, the land was granted under the Grow- More Food Scheme. The condition under Rule 43-G of the Karnataka Land Grant Rules 1960 is not applicable, further the appellant has perfected his title by adverse possession and he has been in peaceful possession and enjoyment of the land for more than 12 years. The; learned single Judge after considering the contentions raised by the petitioner dismissed the writ petition by an order dated 13-11-2008 relying upon the judgment reported in ILR 1987 Kar 2076 (Sunkara Rajalakshmi v. State of Karnataka). BEING aggrieved by the same, the appellant preferred this appeal.