JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Heard learned counsel for the parties.

2.Challenge in this appeal is to the order passed by a Division Bench of the Karnataka High Court dismissing the writ appeal filed under Section 4 of the Karnataka High Court Act (in short the ‘High Court Act’). Challenge in the writ appeal was to the order passed by a learned Single Judge in Writ Petition No. 180897/95 dated 9.9.1998.

3.Factual background in a nutshell is as follows :

“The Government land measuring 30 guntas in extent in Sy. No.96/12 of Heggur village, T.N.Pura Taluk was originally granted temporarily to R-1’s husband Lingaiah on 26.9.1959 for upset price at the rate of Rs. 500/- per acre allowing him to pay the same within the specified time and subject to the condition that on payment thereof the grant shall be confirmed in his favour. It transpires from the impugned orders of the authorities below that because of poverty the grantee could not make payment of the upset price in time and the same was, therefore, made payable in three equal instalments by order dated 24.8.1961. On payment of the said price, the temporary grant of the land was confirmed in his favour by order dated 10.10.1962 impo