K C PURUSHOTHAM Vs. THAMMANNA GOWDA

JUDGEMENT

(1.) WRIT petitioner is aggrieved that grant of an extent of

(2.) ACRES 2 guntas of land in Sy No 18/1 of Kalluguduganahalli village, Shanthigrama hobli, Hassan taluk and district as per grant order dated 16-4-1999 passed by the tahsildar on the recommendation of the committee for regularization of unauthorized cultivation has been wrongly set aside by the sixth respondent Assistant Commissioner as per order dated 10-3-2004 [[copy at Annexure-E to the writ petition] in an appeal filed under Section 136(2) of the Karnataka Land Revenue Act, 1964 [for short, the Act] and in spite of an attempt on the part of the petitioner to get over this order, by invoking appellate jurisdiction of the Deputy Commissioner under Section 50 of the Act, it has not proved fruitful and therefore the present writ petition with the following prayer:

(3.) SRI R Omkumar, learned AGA, on the other hand, points out that the Assistant Commissioner is even otherwise an appellate authority in respect of grants of the nature made in favour of the petitioner and it could be taken that he has exercised his appellate power under Rule 108-D(6) of the Karnataka Land Revenue Rules, 1966 read with Section 49 of the Act and therefore no need to interfere either with this order or with the affirming order of the Deputy Commissioner.