N.BASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra Court appeal is arises out of an order dtd. 8/6/2022 by which writ petition preferred by respondent No.4 has been allowed. The order passed by the Deputy Commissioner dtd. 12/8/2021 is quashed and it is directed that revenue entries shall stand restored in the name of respondent No.4. In order to appreciate the grievance of the appellants, few facts need mention which are stated infra.

(2.) One Smt. Krishnamma applied for grant of 4 acres of land of Survey No.115, whereas, Sri. M. Kempanna applied for grant in respect of 4 acres of land of same survey number of land situated in Channasandra Village. The Assistant Commissioner sent a report dtd. 9/10/1961 to the Deputy Commissioner recommending for grant of land in favour of the aforesaid persons. The Deputy Commissioner by an order dtd. 10/7/1964 directed to appropriate 8 acres of land of Survey No.115 of Channasandra Village for agricultural purposes, so as to grant the same. The Assistant Commissioner by an order dtd. 15/9/1964 granted 4 acres of land each to Smt. Krishnamma and Sri. Kempanna (hereinafter referred to as 'grantees' for short) in block Nos.1 and

(3.) Thereafter, on 10/6/1966 mutation was effected in the name of the grantees. The grantees filed a writ petition namely W.P. No.9145/2007 and sought for entering their names in RTC, which was disposed of by an order dtd. 5/1/2009 to consider the grantees case. The Special Deputy Commissioner by an order dtd. 18/11/2010 passed an order by which grant made in favour of the grantees was confirmed and the Tahsildar was directed to enter the names of the grantees in the revenue records. The State Government challenged the order of the Special Deputy Commissioner in W.P. No.28756/2011 which was dismissed on 4/11/2011. The State Government also filed an appeal against the order passed by the learned Single Judge namely W.A. No.2206/2013, which was dismissed as withdrawn on 9/10/2013.