JAYARAMAPPA Vs. DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA

JUDGEMENT

(1.) This intra court appeal has been filed against the order dtd. 19/8/2013 passed by the learned Single Judge, by which the writ petition preferred by the appellants has been dismissed.

(2.) Facts giving rise to the filing of this appeal briefly stated are, that the appellants claimed to be in unauthorized occupation and cultivation of land measuring 4 acres 38 guntas of Sy. No.31/1 of Obalapura village, Challakere Taluk, Chitradurga District, since 1990. The appellants made an application seeking regularization of land in their favour before the Committee for regularization of unauthorized occupation. The committee by order dtd. 11/1/2002 approved the grant of an extent of 2 acres 38 guntas of land. In pursuance of the order passed by the committee, the Tahsildar passed an order in favour of the appellants on 11/1/2002.

(3.) The aforesaid order was assailed by respondent no.4 in an appeal before the Assistant Commissioner, Challakere, who by an order dtd. 19/1/2002 inter alia held that the appellants were not in cultivation and occupation of the land in question and the same was left barren. It was further held that appellant no.1 was holding land measuring 4 acres 8 guntas in Lakshmanapally village, Challakere Taluk, Chitradurga District, and found appellants to be not entitled to the land in question. Accordingly, the appeal was allowed.