C.DIWAKAR Vs. DEPUTY COMMISSIONER HASSAN DISTRICT

JUDGEMENT

(1.) After a protracted litigation between respondent Nos.2 and 3, the Deputy Commissioner ultimately passed an order of grant in favour of the deceased respondent No.2-Shekhar Suvarna on 18/12/2007. However, while granting 9 acres 10 guntas in favour of the Shekhar Suvarna, the Deputy Commissioner has stated as follows: varticular text omitted

(2.) As could be seen from the above passage, the Deputy Commissioner records a finding that Numan Adil and C.Diwakar were in unauthorised possession of the land in Sy.No.127. In fact, the Deputy Commissioner also records a finding that Numan Adil and C.Diwakar were in unauthorised possession of the lands even prior to 1982-83. It is also observed that C.Diwakar had made an application regarding unauthorised cultivation. The Deputy Commissioner has thereafter proceeded to observe that Numan Adil was not entitled for the land since his holding of lands was excess.

(3.) The Deputy Commissioner, however, despite recording that C.Diwakar was in unauthorised possession, does not even consider the case of C.Diwakar and ultimately, the Deputy Commissioner grants the land measuring 09 acres 10 guntas in favour of T.Shekhar Suvarna.