C C TRANSPORT Vs. KARNATAKA APPELLATE TRIBUNAL

JUDGEMENT

(1.) ACCORDING to the petitioner, he is the owner of 40 acres of land in Sy. No. 7/a of Aiyangeri village, Kodagu Dist. For non-payment of assessment amounting to Rs. 8839-60,6 acres of land has been sold by the Revenue Authorities for a sum of Rs. 9256/ -. Sale was held on 14. 8. 1990. R-4 did not deposit any amount on the date of sale and thereafter he deposited the amount on 4. 9. 1990. Sale was confirmed in favour of R-4. Aggrieved by the same, petitioner filed an appeal before the Deputy Commissioner, kodagu, contending that a fraud has been played in selling the property of the petitioner even though it was a coffee plantation, it has been sold for a paltry sum of Rs. 9256/- and that R-4 did not deposit 25% of the amount on the date of the sale and the remaining 75% within 15 days as required under the law. Application of the petitioner had not been considered by the deputy Commissioner. Ultimately, in W. A. 7321/1999 Division bench of this court on 7. 3. 2005 remanded the matter to the Deputy commissioner, Kodagu and directed the Deputy Commissioner to re-consider the matter in accordance with law. Deputy commissioner, on 18. 3. 2002 as per Annexure-D dismissed the appeal of the petitioner and thereafter petitioner filed an appeal before the KAT in Appeal No. 248/03. Appeal filed by the petitioner under Sec. 50 of the Karnataka Land Revenue Act has also been dismissed on 7. 3. 2005 as per Annexure-E. Being aggrieved by these two orders, present petition is filed.

(2.) HEARD the counsel for the petitioner, Govt. Advocate for r-1 to 3 and the counsel for R-4.

(3.) LEARNED Senior Counsel Sri. Rajendra Prasad appearing for the petitioner contends that Deputy Commissioner as well as kat have failed to consider the mandatory provisions of Secs. 174 and 175 of the Karntaka Land Revenue Act. According to him, without considering these two provisions of law and without application of mind, both Deputy Commissioner and the KAT have committed an error in dismissing the appeal.