VITTALA SHETTY Vs. THE DEPUTY COMMISSIONER DK DISTRICT

JUDGEMENT

(1.) The petitioner filed an application seeking for regularization of his unauthorized occupation over land bearing Sy.No.106/1A1P2 measuring 62 cents and Sy.No.60/P2 measuring 15 cents. The said application was considered favourably after a report was secured that the petitioner was indeed in unauthorized occupation of the aforesaid lands and accordingly an order of grant was made in his favour on 22/3/2005.

(2.) Thereafter, on 24/5/2005, the petitioner sold the land bearing Sy.No.59/15 measuring 2 acres 26 guntas to the respondents 4 and 5 herein.

(3.) The respondents 4 and 5 herein, thereafter, preferred an appeal challenging the grant made in favour of the petitioner before the Assistant Commissioner. It was contended by them that the lands, which had been regularized in favour of the petitioner prior to the purchase, were in fact lands over which they had acquired kumki privileges by virtue of the sale in their favour and the said lands could not have been the subject matter of grant. Reliance was placed on a recital in the Sale Deed, in which, the petitioner had undertaken to withdraw the application that he had filed for regularization, to emphasize the fact that the lands were in fact kumki lands and by virtue of the purchase, respondents 4 and 5 had a right to possess and enjoy the same.