State of Karnataka, The Deputy Commissioner and The Special Tahasildar vs Panduranga G. Ankolekar, Krishnakanth G. Ankolekar and Madhumathi N. Ankolekar

D.H. Waghela, C.J.—These appeals are preferred from the order dated 26.9.2012 of learned Single Judge and an interim application is made therein for condoning the delay of 223 days in filing the appeals. Since the appeals were argued for canvassing the merits of the appeals and to entertain the application for condonation of delay, it was noticed and fairly conceded that, after grant of land to the original petitioners as political sufferers and a clear order of the Divisional Commissioner, after considering the report of the Tahasildar and the Deputy Commissioner that it was neither just nor fair to cancel the grant, the Tahasildar had no legal authority to refuse to enter the names of the original petitioners in the revenue records by effecting kathas in their favour. Therefore, in short, the original petitioners were entitled to the relief granted to them by the impugned order. It was, however, sought to be argued that the original petitioners had not occupied and used the land for a considerable length of time and violated the conditions of grant. In that context, it is clearly clarified in the last paragraph of the impugned order that any contravention of conditions of grant had not fallen for consideration in the writ petitions, meaning thereby that it was open for the appellants to take appropriate action in respect of the alleged contravention of conditions of grant.

In these facts, while the appeals are not required to be entertained or admitted for hearing, the appeals as well as the interim application are dismissed in limine.