VISHALA GRAMOUDYAGA KAIGARIKA SANGHA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Learned HCGP takes notice for all the respondents.

(2.) The appellant-Society called in question an order of cancellation of grant passed by the respondent-Deputy Commissioner, Uttar Kannada District, Karwar on 30/7/2015. The grant admittedly pertains to 20 guntas of land in Gramathana survey No.9999, Plot No.460 of Banavasi village, said to have been made by the Deputy Commissioner on 3/1/1979. The order of cancellation dtd. 30/7/2015 was also challenged by the appellant- Society before the Karnataka Appellate Tribunal in appeal No.907/2015. The appeal was dismissed by the Tribunal by order dtd. 24/6/2019 while holding that the material available on record would clearly establish that the appellant-Society is not the Society in who's favour grant was made. Admittedly, the grant was made in favour of Banavasi Gramodyoga Sangha. There were two versions falling from the material available on record that the appellant-Society took over the said Banavasi Gramodyoga Sangha and other version is that since, the said Sangha was unable to repay the debts in favour of the Khadi Mandali, the members of the appellant-Society came to the rescue of Banavasi Gramodyoga Sangha and re-paid the amount due and ensured that the property in question is not brought for auction. It was also contended before the Tribunal that the appellant-Society purchased the property in an auction sale. All these contentions were proved to be negative, since no material was placed by the appellant-Society before the Tribunal. The learned single judge has also dismissed the writ petition on the same ground i.e. the appellant-Society is not a grantee and the appellant-Society has no locus standi to question the order of cancellation of grant passed by the Deputy Commissioner.

(3.) Though, the learned counsel for appellant seeks to contend that Banavasi Gramodyoga Sangha was later re- named as Vishala Gramodyoga Kaigarika Sangha, however, no material is placed on record to substantiate that contention. Based on the material available on record and the contentions raised by the appellant-Society, this Court is of considered opinion that no infirmity can be found in the impugned order passed by the Karnataka Administrative Tribunal and the learned Single Judge in Writ petition No.116786/2019(KLR-RES). Consequently, appeal stands dismissed. All pending IA's are disposed off.