M. N. PRABHAKARA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition is filed by the petitioners seeking a writ of certiorari to quash the order dtd. 19/4/1997 passed by the Tahsildar, Sulia Taluk, Sulia as per Annexure-A, the order dtd. 4/6/2003 passed by the Assistant Commissioner, Puttur Sub- division, Puttur, as per Annexure-B and the order dtd. 10/4/2006 passed by the Deputy Commissioner, Dakshina Kannada District, Mangaluru as per Annexure-C and also the order dtd. 18/12/2015 in Appeal No.28/2006 passed by the Karnataka Appellate Tribunal, Bangalore (hereinafter referred to as "Tribunal").

(2.) The grievance of the petitioners is that the petitioners, being the residents of Aivernad Village, Sullia Taluk, D.K. District, are in possession and cultivation of kumki land bearing Sy.No.216/1 (Sy. No.216/1A1) measuring 1 acre 61 cents (for brevity, "subject land"), adjacent to their owned kadim warg land in Sy.Nos.217/2A, 217/2B, 280/2 for several decades and they claimed kumki rights over the subject land based on the Madras Board Standing Orders.

(3.) Thing stood thus, the petitioners came to know that the subject land has been granted to respondent No.5 vide order dtd. 19/4/1997 by respondent No.4-Tahsildar without conducting an enquiry or issuing notice to the petitioners. Being aggrieved by the same, the petitioners challenged the grant made in favour of respondent No.5 before the Assistant Commissioner-respondent No.3 and the Assistant Commissioner dismissed the appeal vide order dtd. 4/6/2003. Against the said order, the petitioners approached the Deputy Commissioner-respondent No.2, wherein interim order was granted earlier, however, later dismissed the appeal of the petitioners vide order dtd. 10/4/2006. Subsequent to that, the petitioners challenged the Deputy Commissioner's order before the Tribunal in R.P.No.28/2006. The Tribunal on assessment of the documents and submissions, rejected the revision petition vide order dtd. 18/12/2015. Hence, the petitioners are before this Court in this Writ Petition.