CHANDRASHEKAR Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The case of the petitioner is that he was granted 3 acres 40 guntas of land by the State morefully described in the schedule to the petition. All the revenue records were transferred on to his name. The 5th respondent challenged the grant before the Assistant Commissioner. The same was accepted and the grant was set aside. It was challenged before the Deputy Commissioner who dismissed the appeal. Aggrieved by the same, the instant petition is filed.

(2.) By the order dated 20th June, 2012, the writ petition was allowed. The impugned order was set aside. The orders of the Assistant Commissioner and Deputy Commissioner were quashed. Respondents were granted liberty to initiate proceedings in accordance with law. Thereafter, a review petition was filed. By the order dated 9-3-2015 it was held that in terms of the original records, the application for condonation of delay filed by the respondent was not considered by the Assistant Commissioner. Hence, on that ground, the Review Petition was allowed. Writ petition was restored to file.

(3.) The learned counsel for the petitioner contends that there was delay of more than 5 years in approaching the Assistant Commissioner. Without condoning the delay, the Assistant Commissioner could not have jurisdiction to entertain the appeal. Hence, it is pleaded that the petition be allowed on that ground itself.