SRIDHARABHAT Vs. DEPUTY COMMISSIONER MANGALORE

JUDGEMENT

(1.) THE matter is taken up for hearing with the consent of learned Counsel appearing for the petitioner and the learned Counsel for respondent 3 as also the learned Government Pleader.

(2.) THE petitioner is assailing the legality and validity of the order passed by the Deputy Commissioner, dated 20th March, 2001 in No. CDS RAP 64/99-2000. The case of the petitioner is that he and his predecessors have been in peaceful possession and enjoyment of certain kadim warg lands touching the schedule property. The schedule property has been used since time immemorial for the purposes subservient to agriculture like collection of green manure, leaves and firewood and for collection of soil to the areca-nut garden in the very land and they were enjoying the said property as kumki land. When things stood thus, the 3rd respondent has made attempt to encroach the alleged kumki land as claimed by the petitioner. The petitioner had filed O. S. No. 378 of 1979 on the file of the Civil Judge (Junior Division), Karkala. The court has granted injunction after hearing both the parties. Be that as it may, the 3rd respondent had filed an application for grant of land in sy. No. 290/2a (2 ). The said application filed by 3rd respondent was considered and the Tahsildar has granted the land and issued saguvali chit on 17-3-1994 in favour of 3rd respondent. In the said saguvali chit issued by the Tahsildar in favour of 3rd respondent to an extent of 1-99 cents, boundaries have been mentioned as follows: East: Sy. No. 87, west: Sy. No. 290/1, South: Sy. No. 290 and North: Sy. No. 290/2c. Assailing the said order /saguvali chit issued in favour of 3rd respondent, the petitioner has filed an appeal before the Assistant Commissioner after lapse of four years. The said appeal has been disposed off by order dated 16-3-1999 by the Assistant Commissioner, Mangalore allowing the appeal filed by the petitioner by setting aside the order passed by the tahsildar and remitting back for fresh disposal after serving due notice to all the interested parties.

(3.) FEELING aggrieved by the order of the Assistant Commissioner, the 3rd respondent herein has filed appeal before the Deputy Commissioner in No. CDS RAP 64/99-2000. The Deputy Commissioner after hearing both the learned Counsels appearing for the parties and after taking into consideration the report submitted by the Tahsildar and the material available on record has allowed the appeal filed by 3rd respondent and set aside the order passed by the Assistant Commissioner and restored the order passed by the Tahsildar by his order dated 20th March, 2001. Assailing the correctness of the order passed by the Deputy Commissioner, the petitioner has presented this petition.