SANNAMMA Vs. DEPUTY COMMISSIONER AND OTHERS

JUDGEMENT

(1.) THE legality and correctness of the findings in the order passed by the Assistant Commissioner, Pandavapura Sub -Division, Pandavapura, Mandya District dated 26.09.2003, in case No. RA -97/2002 -03, which has been confirmed by the Deputy Commissioner in R.A. No. 35/2003 dated 31.01.2011, was questioned by the appellant by filing a writ petition before the learned Single Judge in Writ Petition Nos. 9710 -11/2011 (KLR -RR/SUR), dated 08.06.2011. The writ petition has been rejected by confirming the orders of the Assistant Commissioner and Deputy Commissioner. Therefore the present appeal is filed.

(2.) HEARD the learned counsel for the appellant and Government Advocate for respondent nos. 1 to 4.

(3.) THE respondent nos. 5 to 18 who are villagers filed an appeal before the Assistant Commissioner, Pandavapura Sub -division, Pandavapura, challenging the orders of the committee, contending that the appellant was not an unauthorizedly cultivating the lands and that the land is goondu thoppu, used by all the villagers which could not be granted in favour of the respondent; It was also contended that the goondu thoppu is being used by all the villagers by using the same as manure pit and store the manure. Therefore, they requested the Assistant Commissioner to set -aside the order of regularization of unauthorized occupation.