L R GANGADHARAPPA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) THE grant in favour of the petitioner, a site bearing No. 268/1 measuring 25 ft x 30 ft, of Madure Village, within the territorial jurisdiction of the then existing Mandal Panchayat, by resolution dated 6. 10. 1988, when called in question in an Appeal under Section 273 of the Karnataka Zilla Parishads, Taluk Panchayat Samithis, Mandal panchayat and Nyaya Panchayaths Act, 1983, for short 'zilla Parishad's act, by the 3rd respondent, was allowed by order dated 23. 3. 2001, annexure-C of the Assistant Commissioner-lst respondent and the grant set-aside. Hence this writ petition.

(2.) LEARNED Counsel for the petitioner contends that the appeal filed on 18. 1. 1991, under Section 273 of the Zilla Parishad's Act, against the resolution dated 6. 10. 1988, not being within reasonable time, and without an application to condone the delay or an order to condone the delay, the appeal deserved to be dismissed. In addition, learned Counsel contends that the petitioner is in possession and occupation of the premises eversince the grant in the year 1988 and the challenge to the grant after considerable delay is unsustainable.

(3.) PER contra, learned Counsel for the contesting respondent No. 3 seeks to sustain the impugned order as being well-merited, fully justified and not calling for interference.