B. PANCHAKSHARAIAH Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This intra Court appeal arises out of an order dtd. 31/5/2019 passed by the learned Single Judge by which writ petitions preferred by respondent Nos.4 and 5 has been allowed and the order dtd. 2/1/2012 passed by the Deputy Commissioner, Tumakuru has been quashed. In order to appreciate the grievance of the appellant, relevant facts need mention which are stated infra.

(2.) Appellant was the owner of land measuring 10 acres situated at Kallanakere Village, Turuvekere Taluk. He submitted an application for regularization of his alleged unauthorized cultivation of land bearing Sy.No.69 measuring 2 acres. The said application was considered by the Land Grant Committee of Turuvekere in its meeting held on 30/11/1993. The Committee was headed by erst while Member of Legislative Assembly of Turuvekere constituency who, on the same date, directed regularization of unauthorized occupancy of the appellant in respect of land measuring 2 acre 18 guntas of Sy.No.69 of Kallanakere Village. It is pertinent to note that even though appellant had made an application for regularization in respect of only 2 acres of land, yet land measuring 2.18 acres i.e. in excess of request made, was granted. Respondent Nos.4 and 5, in this appeal, challenged the aforesaid order in an appeal before the Assistant Commissioner.

(3.) The Assistant Commissioner, in its order dtd. 17/4/2006, inter alia found that appellant and his family members were owners of land comprised in several survey numbers. It was held that appellant is owner of land measuring 2 acres and 18 guntas. His wife and son are owners of land measuring 18 guntas, 17 guntas and 19 1/2 guntas of Sy.No.45/4, 45/6 and 12/1, respectively. The Assistant Commissioner allowed the appeal and set aside the order dtd. 30/11/1993 passed by the Land Grant Committee and remitted the matter to the Committee for fresh consideration. The aforesaid order was challenged in an appeal before the Deputy Commissioner who, by an order dtd. 2/1/2012, set aside the order passed by the Assistant Commissioner and directed regularization of land in favour of appellant. The said order was challenged by respondent Nos.4 and 5 in a writ petition before the learned Single Judge. The learned Single Judge, by an order dtd. 31/5/2019, quashed the order dtd. 2/1/2012, passed by the Deputy Commissioner. It was further held that there is no need of remand as the appellant was having lands in several survey numbers. Accordingly, the order passed by the Assistant Commissioner insofar as it refrains the decision taken by the Land Grant Committee was affirmed. In the aforesaid factual background, this appeal has been filed.