LAWS(KAR)-2023-4-264

K.K. DEEPAK Vs. A.H. ABDULA HAMEED

Decided On April 27, 2023
K.K. Deepak Appellant
V/S
A.H. Abdula Hameed Respondents

JUDGEMENT

(1.) Challenging impugned order dtd. 19/4/2023 passed by Karnataka Appellate Tribunal on I.A.no.2 and 3 filed in revenue appeal no.85/2003 and I.A.nos.3 and 4 in appeal no.104/2023 respectively etc., vide Annexure - P, this writ petition is filed.

(2.) Sri Padmanabha V. Mahale, learned Senior counsel appearing for Smt.Vinitha P.C., advocate for petitioner submitted that impugned order passed by Karnataka Appellate Tribunal (for short 'KAT') was wholly illegal, contrary to facts of case and unsustainable in law. It was submitted that interim order granted by KAT was without considering that impugned order would violate right to property which is a constitutional right.

(3.) It was submitted that by order dtd. 4/1/2021, respondent no.3 had permitted conversion of an extent of 89 cents for commercial and 03 acres 20 guntas of petitioner's land in Sy.no.35/2 of Mogathagiri Village, Hudikere Hobli, Virajpet, Kodagu.