UFM RAMABAI HANUMANTH NAYAK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) HEARD the learned counsel Sri. K. I. Bhatta for the petitioner, Sri. R. V. Jayaprakash for R. 3 to R. 5 and the learned High Court Government Pleader who is directed to take notice on behalf of R. 1 and R. 2.

(2.) ). The petitioner was granted earlier 2 guntas of land in 1965. Adjacent to this land, there is a vacant small strip of land measuring 14' x 80'. As this was not useful to any other person for any purpose the same could not have been allotted or granted independently to any other person either for house or site or for any other purpose. The petitioner applied for and obtained the grant on 28-3-1984. Subsequently, the suit appears to have been filed in O. S. No. 65/84 wherein the right of way was claimed over this particular piece of land as easement. The suit came to be dismissed after elaborate trial and the finding has become final. It appears that respondents 3 to 5 who claim to be the owners on the other side of the Municipal (sic) wanted to have access to the National Highway over this passage as a short cut instead they have to walk through 300' road they approached the Deputy Commissioner for cancellation of grant. There was earlier proceeding in which this Court has directed the Deputy Commissioner to inspect the spot and consider the demand of respondents 3 to 5. A report appears to have been filed after a spot inspection by DC. The Assistant Commissioner has chosen to cancel the grant in their favour under Section 25 of the Land Grant Rule and such order came to be confined by the Deputy Commissioner. Hence this present writ petition.

(3.) THE report of the Deputy Commissioner reads as follows :