THAMMAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are knocking at the doors of Writ Court seeking quashment of order dtd. 23/7/2014 (Annexure R) passed by the Respondent - Assistant Commissioner in RRT(A)(Thu)28/09-2010 whereby the Assistant Commissioner has directed the cancellation of MR/4/2000-01 made on 11/10/2000. Petitioners Revision Petition filed under sec. 136(3) of the Karnataka Land Revenue 1964 having been rejected by the Deputy Commissioner vide order dtd. 3/7/2018 (Annexure R) they have laid a challenge thereto as well. Learned counsel appearing for the petitioner vehemently argues that her clients have been in the possession of the subject property pursuant to grant made decades ago; they have also dug a bore well and constructed buildings. That being the position, in the guise of canceling the Revenue Entries, the very grant could not have been set at naught, more particularly when they belong to Scheduled Caste.

(2.) Learned AGA appears for the Official Respondent and a private counsel appears for the 5th Respondent. Both they make submissions in justification of the impugned orders and the reasons on which they have been structured. The 5th Respondent has filed a counter statement dtd. 30/7/2020 resisting the Writ Petition.

(3.) Having heard the learned counsel for the parties and having perused the petition papers, this Court is inclined to grant a limited indulgence in the matter, as under and for the following reasons: