M P KALEGOWDA Vs. DEPUTY COMMISSIONER HASSAN DISTRICT

JUDGEMENT

(1.) AN extent of 0-30 guntas of land in Sy. No. 173 of Doddagani Village was granted to the petitioner by the Tahsildar on 19-9-1994 under annexure-A. In appeal, the grant was challenged by respondents 4 to 7 before the Assistant Commissioner on the ground that petitioner owns 13-00 acres of land and hence he is not entitled for the grant. The assistant Commissioner by his order at Annexure-C, dated 29-4-1999 dismissed the appeal. In the second appeal filed before the Deputy commissioner, the order of the Assistant Commissioner was set aside vide Annexure-D, dated 25-9-2001. Aggrieved by the same the petitioner filed revision petition before the Karnataka Appellate Tribunal. The tribunal by the impugned order at Annexure-E, dated 27-5-2004 cancelled the grant order of the Tahsildar. This writ petition is filed seeking to quash the impugned orders at Annexures-D and E.

(2.) SINCE two appeals have been exhausted under Sections 49 and 50 of the Karnataka Land Revenue Act, 1964, remedy of revision was not available to the petitioner. The same is clear from sub-section (3) of section 56 of the Act. On this ground alone the writ petition is liable to be dismissed.

(3.) THE grant of land made in favour of the petitioner is set aside on the ground that he was not eligible as the petitioner was holding more than 2 hectares of land. To arrive at this conclusion the Tribunal has perused the r. T. Cs for the year 1994-95, the year in which the grant was made in favour of the petitioner, and found that the name of the petitioner was mentioned in respect of various survey numbers. This is the finding of fact recorded on the basis of the documentary evidence. Unless the said finding is shown as erroneous or error in law, the impugned orders cannot be disturbed. Thus, even on merit also the petitioner fail.