DEVIDAS Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) AGGRIEVED by the dismissal of the writ petition No. 83 87/06 by the order dated 21. 2. 2007 passed by the learned Single Judge, the present appeal is filed.

(2.) THE appellants are the writ petitioners and they had approached this Court challenging the order dated 22. 3. 2006 passed by the Deputy Commissioner confirming the orders of the Assistant commissioner and the Tahsildar dated 24. 2. 2006 and 5. 3. 2004 respectively.

(3.) IT is to be noted that the petitioners claim to be the owners of land bearing Sy. No. 38/2 measuring 1 acre 13 guntas of Shirwad village in Karwar Taluk. The respondents-4 and 5 are the neighbouring land owners of Sy. No. 38/ld measuring 17 guntas and 8 annas. According to the appellants when they were in peaceful possession and enjoyment of their property the 5th respondent behind the back of the appellants got her land surveyed on 22-6-2001 and the Survey report showing the encroachment on the part of the appellants to an extent of 2 guntas and 08 annas was found. According to the appellants, relying upon such one sided survey, the 5th respondent had approached the Tahsildar, Karwar, to take action under Section 142 of the Karnataka Land Revenue Act ("the Act 'for short) against them. Based on the same, after issuing notice to the appellants and considering their detailed objections by the impugned order dated 5. 3. 2004 Tahsildar relying upon the Survey Report and Sketch of the year 2001, directed the appellants to vacate the encroached portion of 2 guntas and 8 annas. Aggrieved by the same, the appellants had approached the Assistant Commissioner and the Deputy commissioner by filing appeal and revision petitions. Both the assistant Commissioner and the Deputy Commissioner dismissed the appeal and revision petitions respectively filed before them. Being aggrieved by the same, the appellants have approached this Court and the learned Single Judge of this Court has also affirmed all the orders. Hence, the present appeal.