JUDGMENT :

This intra-Court appeal is filed by the State Government challenging the order dated 13.01.2021 passed in W.P.No.61563/2011 (LA-RES) by the learned Single Judge, whereby, petition filed by the respondent No.1 was allowed.

2. Brief facts giving rise to the filing of this appeal are that, the respondent No.1 invoked the jurisdiction of writ court under Article 226 of the Constitution of India, seeking prayer to issue writ in the nature of mandamus directing the revenue authorities to restore the possession of the land or pay compensation. It is averred that, the respondent No.1 is the owner, in lawful possession of agricultural land in block No.33 measuring 5 acre 24 guntas in Saidapur village of Dharwad taluk. He was working in Indian Air force, hence, he could not cultivate the land in question. At the request of respondent No.1, the State Government took over the possession of the land for the management under Section 65 of the Bombay Tenancy and Agricultural Land Act, 1948 by passing an order dated 24.02.1960.

3. The land in question was allotted to one Sri. A.A. Morab by the revenue authorities for cultivation of land for a period of ten years and after expiry of the per