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HIGH COURT OF KARNATAKA
N S SANJAY GOWDA, J
SRI KAVEERAPPA @ MUNUKAVERAPPA S/O LATE SANJEEVAPPA – Appellant
Versus
THE STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY, GOVERNMENT RURAL DEVELOPMENT – Respondent
| Table of Content |
|---|
| 1. challenge to appellate authority's order regarding land entitlement. (Para 1 , 2) |
| 2. court's observations on lack of reasoning in the appellate authority's order. (Para 3 , 4 , 5 , 6) |
| 3. writ petition allowed and remanded for further findings. (Para 7 , 8 , 9) |
ORAL ORDER
2. Under the impugned order, the Appellate Authority has directed to remove the temporary structures found on katha No.17/2.
5. Unless the Appellate Authority recorded a finding regarding the entitlement of the petitioner and the reason why he was not considering the entries in the katha register, the order passed on the pre- supposition that the petitioner owned a land only 40x25ft. when the katha indicated that he owned a land of 40x40ft. cannot be sustained. Consequently, the impugned order is set aside and the matter is remanded to the Appellate Authority.
7. This Writ Petition is, therefore, allowed and remanded.
9. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.
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