P.VISHWANATHA SHETTY
VENKATAGIRIYAPPA – Appellant
Versus
STATE OF KARNATAKA – Respondent
( 2 ) IN these petitions, the petitioners have called in question the correctness of the order dated 25th of November, 1994, a copy of which has been produced as Annexure-U, passed by the respondent.
( 3 ) R. Gopal, learned Counsel appearing for the petitioners, in support of the prayer made in these petitions, made three submissions. Firstly, he submitted that the finding recorded by the respondent that the petitioners have not brought the land in question under cultivation even after the expiry of five years from the date of the grant, is totally erroneous in law and the said finding is not based on any evidence. Elaborating this submission, he submitted that the fact that the respondent did not take any action within a reasonable time after the expiry of five years from the date of the grant, is a clear indication to show that the petitioner had complied with the terms of the grant and brought the land under cultivation. Secondly, he submitted that even if the petitioner had not brought the land under c
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