B DOLLAIAH Vs. DEPUTY COMMISSIONER MYSORE

JUDGEMENT

(1.) the petitioner is aggrieved by the Order of the Karnataka appellate tribunal (annexure-b), dated 5th april, 1991 to the extent the tribunal has remanded the issue regarding grant of permission for conversion of the agricultural land in question for fresh disposal.

(2.) the appellant is the owner of survey No. 105/2. Cmeasuring 71/2 guntas situated in bhogadi village. On 4-8-1989, he filed an application before the respondent-deputy commissioner for grant of permission to convert the said land as per the provisions of Section 95 of the Karnataka land revenue Act, 1964 (in short, 'the act'). The said application was rejected by an Order dated 15-1-1990 by the deputy commissioner. The said Order was subjected to an appeal to the tribunal which was disposed of by the impugned Order (annexure-b).

(3.) before the tribunal, the petitioner impugned the Order of the deputy commissioner on two grounds, namely, (i) there was a deemed grant in terms of Section 95(5) of the Act, and (ii) the grounds assigned in the said Order was erroneous since the land was not reserved for open space by any competent authority.