VENKATARAVANAPPA Vs. CHAIRMAN AND THE ASSISTANT COMMISSIONER, A. NARAYANASWAMY, KANAKAPPA, SINCE DEAD, REP. BY LRS. RAGHU AND OTHERS AND R. SHIVAPPA

JUDGEMENT

(1.) IN this writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has called in question, the order dated 23.4.2010, passed by the Karnataka Appellate Tribunal, Bangalore, in appeal No. 243/2004 vide Annexure -'E'. By the impugned order at Annexure - 'E', the Karnataka Appellate Tribunal, Bangalore, has set -aside the order passed by the first respondent in favour of the petitioner.

(2.) AGGRIEVED by that, the petitioner has filed this writ petition.

(3.) THE learned counsel for the petitioner contended that the impugned order passed by the Karnataka Appellate Tribunal cannot be sustained in law. He also submitted that the petitioner's father was the tenant in respect of the land in question. After his death, the petitioner was cultivating the land. The petitioner filed Form No. 7A claiming grant of land. The first respondent granted land by order dated 7.5.2002. Thereafter, the second respondent has sold the property in favour of the fourth respondent on 29.11.2002. The second respondent has not conveyed anything in favour of the fourth respondent as the land in question was granted in favour of the petitioner. Therefore, the Appellate Tribunal was not justified in entertaining the appeal. The fourth respondent had no locus -standi to file the appeal. Therefore, the impugned order passed by the Karnataka Appellate Tribunal cannot be sustained in law. He placed reliance on the decision reported in ILR 2006 Kar 3368.