( 1 ) THE subject-matter of these proceedings is a bit of land measuring 28 guntas of sy. No. 197/3b1 situate at chitrapady village, udupi taluk, dakshina kannada district (hereinafter referred to as the "schedule land") which was used as a playground for dakshina kannada zilla parishad higher primary school. The acquisition of this land has been set aside by the learned single judge on the ground that the acquisition proceedings is a result of colourable exercise of power with a motive of depriving the petitioner from holding the land in question. The question as to colourable exercise of power being essentially a question of fact, and as the facts are not set out properly in the impugned Order, we deem it is necessary to set out the facts in detail as hereunder.

( 2 ) THE schedule land originally belonged to one Sri mahadeva ithal. One narasimha ithal filed an application in form No. Vii under Section 48-A of the Karnataka Land Reforms Act for grant of occupancy rights in respect of 16 items of land including the schedule land on 30-12-1974. The land reforms tribunal, udupi, by an order dated 3-8-1978 registered him as an occupant of all the lands including the sched