M A KHADAR Vs. LATE GOUSUDDINHYDERSAB

JUDGEMENT

(1.) This intra-court appeal has been preferred by the writ petitioner in W.P.No.12047/2007 dated 10.03.2015 whereunder learned Single Judge has dismissed the writ petition with liberty to petitioner to make fresh application to the concerned authorities for grant of land.

(2.) Father of respondents namely, late Sri.Gousuddin was set to be unauthorisedly cultivating land bearing Sy.No.24 measuring 4 acres 5 guntas situated at Ghodawadi Village, Humnabad Taluk and District, which land was declared in the revenue records as "Gayarana Sarkari". Same was granted in his favour and Saguvali Chit was issued in favour of grantee on 18.12.1977. However, 6th respondent on coming to know that grantee had made a false declaration, issued Show Cause Notice to grantee on 20.12.1980 - Annexure-B, which came to be replied by grantee on 01.01.1981-Annexure-C and said grant made in favour of late Gousuddin came to be cancelled by 6th respondent by order dated 13.02.1981 - Annexure-D. Being aggrieved by the same, grantee filed an appeal on 27.03.1981 questioning the order of cancellation of grant dated 13.02.1981.

(3.) In the meanwhile, representation dated 10.12.1980 said to have been submitted by the appellant to His Excellency Governor of Karnataka came to be forwarded to the Deputy Commissioner, whereunder appellant claims to have sought for allotment of land in question and the Deputy Commissioner in turn is said to have forwarded the said representation by communication dated 02.02.1981 to 6th respondent herein, who recommended on 13.02.1981 for grant of said land in favour of the appellant and on the same day, i.e., on 13.02.1981 the very same respondent ordered for cancellation of the order of grant made in favour of late Gousuddin. 7th respondent granted the land in question in favour of appellant on 25-02/05-03-1981-Annexure-E and is purported to have handed over possession of land so granted in favour of appellant on 18.03.1981 - Annexure-F. Being aggrieved by the order of grant in favour of appellant, late Gousuddin filed an appeal challenging the said grant. Since order of cancelling the grant made had already been challenged by late Gousuddin in Appeal No.4/81-82, subsequent Appeal No.5/81-82 filed challenging the order of grant made in favour of appellant, these two appeals were taken up together for consideration by the Deputy Commissioner, Bidar, who by order dated 03.07.1982 dismissed both the appeals vide Annexure-H. Being aggrieved by this order of 03.07.1982, late Gousuddin preferred an appeal before the Karnataka Appellate Tribunal, Bangalore, (Camp: Gulbarga) in Appeal No.228/1982. Appellant herein, who was arrayed as second respondent, was also notified and after considering the rival contentions appellate tribunal by order dated 13.02.1987 allowed the appeal and order passed by the Tahsildar cancelling the grant on 13.02.1989 & order of the Deputy Commissioner dismissing the appeal of late Gousuddin, were set aside and matter was remanded back to the Tahsildar i.e., 6th respondent herein for fresh enquiry and disposal. This order came to be challenged by the appellant herein in W.P.No.3613/1987, which writ petition came to be dismissed on 08.09.1988. Appellant herein pursued his grievance by challenging the said order in W.A.No.1429/1998, which also came to be dismissed on 08.04.1991 and thereby confirming the order of appellate tribunal dated 13.02.1987 passed in Appeal No.228/1982.