KUMBARA MAHABALESHWARAPPA Vs. G SHAIK SAB

JUDGEMENT

(1.) in this writ petition dispute relates to a plot measuring 30 x 30' in survey No. 292-b of moka village, classified as village house site', which is hereinafter referred to as 'the house site'. The said house site was granted to the petitioner by the tahsildar on 17/18-1-1980. Respondent No. 4 being aggrieved by the said order of grant preferred an appeal before the assistant commissioner. On 31-3-1981 the assistant commissioner set aside the grant made in favour of the petitioner. Against the said Order, petitioner went in appeal before the deputy commissioner which was numbered as rev / rrt / 34 / 81-82 r 10. On 30-6-1981 the deputy commissioner passed an interim in the following terms :

(2.) the question raised at the bar for consideration is whetherin view of the said order passed by the appellate authority staying the operation of the assistant commissioner's Order, the special deputy commissioner could have granted the land in favour of respondent No. 4. It cannot be disputed that staying of the operation of the order of the assistant commissioner in a statutory appeal resulted in revival of the order of grant made in favour of the petitioner. Therefore, so long that grant remained operative, no authority under the land grant rules could have made a second grant thereof, because under the rules, grant can be made only of a land which still vests in the government. This legal consequence has been completely lost sight of by the tribunal.

(3.) accordingly, the order of the special deputy commissioner (annexure b) and that of the tribunal are set aside.