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ALOK ARADHE, S. VISHWAJITH SHETTY
Jayaramappa – Appellant
Versus
Deputy Commissioner Chitradurga District Chitradurga - 577501 – Respondent
JUDGMENT
Alok Aradhe, J. - This intra court appeal has been filed against the order dated 19.08.2013 passed by the learned Single Judge, by which the writ petition preferred by the appellants has been dismissed.
2. Facts giving rise to the filing of this appeal briefly stated are, that the appellants claimed to be in unauthorized occupation and cultivation of land measuring 4 acres 38 guntas of Sy. No.31/1 of Obalapura village, Challakere Taluk, Chitradurga District, since 1990. The appellants made an application seeking regularization of land in their favour before the Committee for regularization of unauthorized occupation. The committee by order dated 11.01.2002 approved the grant of an extent of 2 acres 38 guntas of land. In pursuance of the order passed by the committee, the Tahsildar passed an order in favour of the appellants on 11.01.2002.
3. The aforesaid order was assailed by respondent no.4 in an appeal before the Assistant Commissioner, Challakere, who by an order dated 19.01.2002 inter alia held that the appellants were not in cultivation and occupation of the land in question and the same was left barren. It was further held that appellant no.1 was holding land measuring
The court affirmed that unauthorized occupation regularization requires compliance with ownership limits, and remanded for inquiry into the applicant's land holdings.
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