DUNDAPPA Vs. DEPUTY COMMISSIONER SHIMOGA

JUDGEMENT

(1.) the petitioner in this writ petition has called in question the correctness and the legality of the order made by the assistant commissioner, Annexure 'a' and that of the deputy commissioner, at Annexure 'b' respectively and has sought for quashing the same for the reasons set out in the writ petition.

(2.) in order to appreciate the legal contentions urged by Sri B.K. Manjunath, thelearned counsel for the petitioner, it is necessary to refer to the salient facts of the case, briefly, arising in the writ petition. Thimappa, (the 3rd respondent herein) was granted 2 acres of dry land in sy. No. 112/13, situated in the village arabagatte, honnali taluk, shimoga district, by the competent authority in proceedings No.dd no, 37/55-56 under the Karnataka land grant rules subject to certain conditions. This fact is not in dispute.

(3.) again it is not in dispute that the granted land came to be sold in favour of thepetitioner by a registered sale deed dated 12-5-1967, for valuable consideration. It is stated that eversince the sale of the land in his favour, the petitioner has been in enjoyment of the land in question.