THIMMAIAH Vs. KARIYAPPA

JUDGEMENT

(1.) The petitioners in W.Ps. 2205 to 2207/85 are also the petitioners in W.Ps. 2301 and 2302/85. In W.Ps. 15504/84 and W.Ps. 2301 and 2302 of 1985, the order dated 17th November 1980, passed by the Deputy Commissioner, Bangalore, in Case No. L.N.D. RA. 1/80-81 and also the order dated 16-6-1984 passed by the Karnataka Appellate Tribunal, in Appeal Nos. 383, 384 and 385 of 1980, are challenged. Whereas, in W.Ps. 2205 to 2207 of 1985, the order dated 28th March, 1981 passed by the Special Deputy Commissioner, Bangalore in No. LND RA 221/80-81 ; and the order dated 16-6-1984 passed by the Karnataka Appellate Tribunal in appeal Nos. 115 of 1982 and 228 of 1981 are challenged.

(2.) In these petitions the subject- matter relates to validity of the grant of land. An extent of 4 acres in favour of Thimmaiah and 4 acres in favour of Sadan and two acres in favour of Goolappa, granted by the Deputy Commissioner, Bangalore, in No. B.Dis.L. & D (CR 202/77-78) dated 12th October 1978, is challenged.

(3.) Shri M.S.Gopal, learned Counsel for the petitioners, submits that the applications filed by the respondents under Rule 25 of the Karnataka Land Grant Rules 1969 (hereinafter referred to as 'the Rules'), were not maintainable because the grant of lands in question was made in favour of the petitioners under the order issued by the State Government in No. RD 105 LGP 77, dated 1-9-1977, produced as Annexure-A ; that Rule 25 of the Rules, is available only when the land is granted under the normal circumstances in accordance with the Rules ; that the grant has been made in favour of the petitioners after holding due enquiry and on being satisfied that the petitioners were in unauthorised occupation of the portions in Sy. No. 20 granted in their favour that the respondents have never been in occupation of the lands in question granted to the petitioners.