CHANNEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) the only point for consideration is whether the impugned order of the deputy commissioner can be sustained in the absence of a specific finding as to whether or not the land was granted on an upset price to the original grantee.

(2.) the contents of the impugned order of deputy commissioner show that the arguments were advanced before him by the appellant therein that the land was granted on an upset price of Rs. 300/- per acre to the original grantee. However, there is no finding on this question by the appellate authority. The appellate authority has merely proceeded to apply the Rule prohibiting alienation of lands for fifteen years under Rule 43(g) of the 1960 rules, and, has held that there is a violation of the terms of grant.

(3.) a finding without ascertainment of factscan not be sustained. The process of decision making demands ascertainment of facts, ascertainment of the Rule applicable and finally application of the relevant Rule to the ascertained facts, in order to reach the findings on the facts in issue.