ABDUL MAJEED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this writ petition, the challenge is to the order in appeal No. 494 of 1989, filed by respondents 4 to 6 herein, before the Karnataka appellate tribunal.

(2.) THE 1st petitioner was granted 5 guntas of land in sy. No. 52/1a 1c and 52/1a id of naricombu village and was placed in possession of the lands. The deputy commissioner prior to the grant is stated to have by an order withdrawn the kumki privilege by notifying the respondents 3 to 6 herein. The respondents 3 to 6 challenged the order of the deputy commissioner, mangalore, dated 08-05-1989 in b. dis. lnd (4) h. s. 406 of 1987-88. The contention before the revenue appellate tribunal was that the deputy commissioner had not placed on record the government order No. Rd 28 lgw 71, dated 29-11-1971 and 10-12-1971 and there was no such power vested in the deputy commissioner to withdraw the kumki privilege. The revenue appellate tribunal accepting the contention, allowed he appeal and set-aside the order withdrawing the kumki privilege allegedly enjoyed by respondents 3 to 6, herein.

(3.) THE writ petitioners who, as stated above, were granted land, subsequent to withdrawal of the kumki privilege, have filed this writ petition. Their contention is that the order of the revenue appellate tribunal is without jurisdiction and is liable to be set-aside.