V VENKATVARDHAN Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THE above appeal is directed against the order of the learned Single Judge dated 17. 6. 2008 made in Writ Petition no. 3031/2008, confirming order of the 1st respondent - Deputy commissioner dated 16. 1. 2008, whereunder the Deputy Commissioner directed the revenue officials to enter the name of the 4th respondent -Trust, over the land to an extent of 13 acres in Sy. No. 10 of varadanayakanahalli Village, Kasaba Hobli, Shidlaghatta Taluk, which was granted to the 4th respondent by proceedings of the Government dated 23. 4. 1993 for running an educational institution, superseding the earlier order of the Tahsildar granting 25 acres of land in favour of the 4th respondent. The 4th respondent - Trust, by virtue of the order of the government dated 23. 4. 1993, was in effective possession and enjoyment of the property to an extent of 13 acres in Sy. No. 10 referred to above.

(2.) 2. 1. The appellant - petitioner alleging that the 13 acres of land granted by the Government to 4th respondent - Trust is classified as a Gomal land and the petitioner and other villagers are in unauthorised occupation and are cultivating the same, seeks to quash the order dated 16. 1. 2008 of the deputy Commissioner.

(3.) IT is only pursuant to the said order, the Government has now allotted 13 acres of land to the 4th respondent-Trust by proceedings dated 23. 4. 1993, after ensuring the availability of 90 acres of land for pasturage in Sy. No. 10 referred to above and possession has also been taken over by the 4th respondent.