GOPAL DATTU PAWAR Vs. GOPAL COMMISSIONER BELGAM DISTRICT

JUDGEMENT

(1.) THE learned Government pleader is directed to take notice.

(2.) THE petitioner has challenged in this writ petition the order passed by the Karnataka appellate Tribunal in Misc. Petition No. 13/ 06 dismissing the miscellaneous petition filed by the petitioner for recalling the order of rejection of the appeal for non-compliance of the office objection on the ground that it is not maintainable.

(3.) THE petitioner is an ex-serviceman, who has worked in the Indian Army. On release from service, he has been granted eight acres of "d" class land in Sy. No. 804/b of Athani village in the year 1973 by the Deputy Commissioner. As the petitioner was cultivating in all 17 acres 14 guntas of land including the land granted as aforesaid, he sought for remaining extent of agricultural land in his possession. However, the Deputy Commissioner rejected the said request. Challenging the said order rejecting his request, he preferred an appeal before the Karnataka Appellate Tribunal in Appeal No. 112/05. On the ground that the petitioner-appellant did not rectify the defects pointed out by the office of the karnataka Appellate Tribunal, the appeal came to be dismissed on 19-5-2005. Aggrieved by the same, he preferred an application under Regn. 28-A of the Karnataka Appellate tribunal Regulations, 1979. The said miscellaneous petition came to be rejected by the Karnataka Appellate Tribunal following the judgment of this Court in Elulin D'souza v. The Authorised Officer in W. P. No. 26809/05 reported in (2006 (4) Kant LJ 682 ). Aggrieved by the same, the petitioner is before this Court.