UMESH Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) APPELLANT herein is challenging the legality and correctness of the orders passed by the learned Single Judge in WP no. 17384/2005 dated 11. 7. 2005. Facts leading to this case are as hereunder: 3 acres of land in Sy. No. 26/p of Huluginakatte Village of Shikaripur taluk was granted to appellant under temporary order of grant in the year 1964 subject to the condition he shall not part with or alienate for a period of 15 years and according to the appellant grant has been later confirmed by the order otthe Asst. Commissioner, Sagar Sub-Division dated 13. 5. 1974. Appellant filed a revision under Section 136 (3) of the Karnataka land Revenue Act before the Asst. Commissioner, Sagar Sub-Division in ra 15/1999-2000 challenging the revenue entries made in the name of R-4 in respect of the land in question. Though the appeal was filed by the appellant challenging the revenue entries made in the name of R-4, instead of considering the appeal of the appellant, Asst. Commissioner passed an order directing the Tahsildar to delete the name of 4th appellant from the revenue records and further directed the Tahsildar to forfeit the land forthwith on the ground that there is violation of condition of grant in parting with the possession of the land by him. The order passed by the asst. Commissioner, Sagar Sub-division dated 13. 2. 2003 was questioned by filing a revision before the Deputy Commissioner, Shimoga District, shimoga in Case No. R. Misc. 55/2002-03 which petition came to be dismissed on 10. 3. 2005. Challenging the concurrent findings, aforesaid writ petition was filed by the appellant.

(2.) LEARNED Single Judge only on the ground that whether the land in question is under personal cultivation or not is a question of fact and the same cannot be gone into in a writ petition, dismissed the writ petition. In the circumstances, present appeal is filed.

(3.) WE have heard the Counsel for the parties.