High CourtsDIVISION BENCH(2017) 02 KAR CK 0192

MR.P.KRISHNA S/O PUTTAPPA vs THE DEPUTY COMMISSIONER, & ORS.

Karnataka High Court · Decided on 9 February 2017

HON’BLE JUDGES
Subhro Kamal Mukherjee, Budihal R.B.
RESULT
Dismissed
CASE NUMBER
4558 of 2015 (KLR-REG)

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Judgment

7 paragraphs · 193 words
1.

This is an appeal by an unsuccessful applicant for regularisation of his alleged unauthorised occupation.

2.

The applicant applied for regularisation of his alleged unauthorised occupation in relation to 4 acres of land in survey No.59/2 of Honnesara Village, Anandapuram Hobli, Sagar Taluk, Shivamogga District. His application was considered by a Committee constituted for regularisation and the Committee rejected his request in the absence of any material document to show that he has been cultivating the disputed land not less than 3 (three) years prior to April 14, 1990, continuously. The appeal and the second appeal against such order have been dismissed.

3.

The Hon''ble Single Judge rightly held that the finding of fact that the applicant has failed to establish that he has been continuously cultivating the land in question for a period of 3 (three) years, immediately preceding April 14, 1990, cannot be assailed.

4.

There is no material to show that the applicant has been in continuous cultivation of the disputed land.

5.

Therefore, we do not find any merit in the writ appeal.

6.

The writ appeal stands dismissed.

7.

There will be no order as to costs.