The Deputy Commissioner must conduct an enquiry in the manner provided under Rule 26-C for the purposes of granting land under Section 77-A, and the scope of the enquiry is limited to ascertaining fulfillment of the three conditions enumerated in the section.

( 1 ) IN these appeals the appellants seek for setting aside the order dated 20th March, 2001 of the learned Single Judge whereby the learned Single judge has dismissed Writ Petition Nos. 9477 to 9486 of 2001 which had been preferred by the appellants being aggrieved by the order dated 28-9-2000 passed by the 2nd respondent-Assistant Commissioner rejecting their applications made under Section 77-A of the Karnataka Land reforms Act, 1961 (hereinafter referred to as 'the Act' for short ).

( 2 ) THE appellants had filed the said applications under Section 77-A of the Act contending that they are the persons actually in possession and cultivation of the lands mentioned in their applications and that their forefathers had been cultivating these lands as tenants, that by ignorance due to illiteracy they had not made applications for conferment of occupancy rights under Section 48-A of the Act, that in view of introduction of Section 77-A by amending Act 23 of 1998 with effect from 1-11-1998 they have been enabled to sustain their rights as they are the persons who have continued to be in possession and cultivation of the same and as such the lands are required to be granted in their favour as per the provisions of Section 77-A of the Act and for such purpose they had filed applications before the Assistant Commissioner who is the officer authorised for this purpose by the State Government. However, the appellants' applications came to be rejected by the Assistant Commissioner holding that on perusal of the records and relevant materials it was found, that the records did not disclose that the applicants were cultivating the lands as tenants as on the appointed date i. e. , 1-3-1974, their name did not figure in the revenue records indicating such cultivation and further that the lands had not vested in the State Government as on 1-3-1974 and there were no records to indicate that the lands have so vested with the State Government as on the appointed date and moreover the owners being in possession and cultivation of the lands the requirement of Section 77-A was not satisfied and as such rejected the applications.

( 3 ) THE applicants being aggrieved had preferred writ petitions and the learned Single Judge has dismissed the writ petitions upholding the order of the Assistant Commissioner being of the view that the materials on record are not indicating that either the petitioners were in possession as tenants on the appointed date or that the lands have vested in the State Government as on that date and as such the Assistant commissioner did not have occasion to look into the applications any further and the question of further holding an enquiry did not arise. The learned Single Judge also held that the petitioners were not able to demonstrate before the writ Court as to how the finding of fact recorded by the authority was not correct and proper and as such the petitioners had not made out any ground for interference and the writ petitions were dismissed. Being aggrieved the petitioners are before us.

( 4 ) SRI Ravivarma Kumar, learned Counsel for the appellants has submitted that the Assistant Commissioner has not followed the due procedure contemplated under Rule 26-C of the Karnataka Land Reforms rules which is the required procedure to be followed while considering the application in Form 7-A filed under Section 77-A of the Act. In this regard the learned Counsel has drawn the attention of the Court to sub-rule (5) of Rule 26-C which indicates that a summary enquiry is required to be held for the purposes of an application filed under Section 77-A which is to be in the manner provided under Section 34 of the karnataka Land Revenue Act, 1964. The learned Counsel while drawing parallel to the proceedings contemplated under Rule 17 to be followed by the Land Tribunal while considering the application under Section 45 of the Act for which an enquiry as under Section 48-A is to be conducted by the Land Tr