PARAPPA Vs. KARNATAKA APPELLATE TRIBUNAL

JUDGEMENT

(1.) WITH the consent of the learned Counsel for the petitioner and the learned Counsels for the respondents, the matter is taken up for final hearing.

(2.) THE petitioner is assailing the legality and validity of the impugned order passed by the 1st respondent in Appeal No. 224 of 2000, dated 22-5-2001 (Annexure-H) confirming the order passed by the 2nd and 3rd respondents, dated 14-3-2000 and 28-12-1999 respectively.

(3.) THE petitioner has purchased one acre five guntas of land in Sy. No. 633/1e of Jamkhandi town under registered sale deed dated 25-3-1991 from 4th respondent for valuable consideration. After the purchase, the petitioner filed application for grant of conversion of the land in question into non-agricultural purpose before the 3rd respondent. The 3rd respondent has rejected the request of the petitioner solely on the ground that there was a suit pending for consideration before the competent Civil Court. Assailing the correctness of the order passed by the 2nd respondent, the petitioner filed an appeal before the Deputy Commissioner, 2nd respondent. The appeal was not entertained by the 2nd respondent. He has issued endorsement to the effect that the appeal is not maintainable before him against the order passed by the Assistant commissioner. Feeling aggrieved by the endorsement issued by the 2nd respondent, the petitioner has filed appeal before the 1st respondent. The 1st respondent has rejected the said appeal on the sole ground that the 2nd respondent has delegated power to the 3rd respondent for consideration of the request of the petitioner and similarly situated persons. Therefore, the endorsement issued is in accordance with law. Feeling aggrieved by the order passed by the 1st respondent, the petitioner has presented this writ petition.