ERAPPA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) This intra-court appeal is filed challenging the order of the learned Single Judge dtd. 23/11/2022 passed in W.P No.114449/2019 (KLR-RES) wherein the writ petition filed by the respondent No.3 was allowed.

(2.) Brief facts giving rise to filing of this appeal are that, the Respondent No.3 invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking prayer to issue writ of certiorari to quash the orders dtd. 22/8/2015 and 12/9/2019 passed by respondent No.1 and Respondent No.2, at Annexure-A and Annexure-B to the writ petition.

(3.) It is averred that the land bearing Sy.No.5/1 measuring 3 acres situated at Alla Nagar, Koppal Taluk and District was purchased by the respondent No.3 from the appellant vide registered sale deed 9/3/2005. It is further averred that the appellant who has sold the property to the respondent No.3, had acquired the property vide grant order dtd. 4/9/1978 and the appellant belongs to the deprived community.