H SOMASHEKARAIAH Vs. DIVISIONAL COMMISSIONER BANGALORE

JUDGEMENT

(1.) THIS is an archak's petition to challenge the order dated 7-12-1992, passed in LRF CR 31/92-93 by the respondent 1-Divisional Commissioner, Bangalore Division, Bangalore, whereunder, the said Divisional Commissioner transferred the subject lands to the respondent 2-devotees on certain conditions.

(2.) I heard the learned Counsel for the petitioner Smt. Geetha menon appearing along with Smt. Pramila Nesargi, Sri D. L. Suresh appearing for the respondent 2-Chandramouleshwaraswamy Trust and the learned High court Government Pleader Sri S. S. Guttal, appearing for the respondent 1-Divisional Commissioner, Bangalore Division, bangalore. I have also perused the records.

(3.) THE learned Counsel for the petitioner while taking me through the facts of the case submitted that the impugned order passed by the respondent 2-Divisional Commissioner cannot sustain in law for the simple reason that the same had proceeded on a premise that the claim for grant of occupancy right to the petitioner came to be rejected and that no appeal as against the same was filed by the petitioner.