KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
THE DEPUTY COMMISSIONER – Appellant
Versus
DR K P DIWAKARA SHETTY – Respondent
This intra-court appeal is filed under Section 4 of
the Karnataka High Court Act, 1961, challenging the
order
dated
25.02.2021,
passed
in
W.P.No.
53954/2015.
3
2. Parties are referred to as per their ranking
before the learned Single Judge. Appellants are the
respondents and respondents are the petitioners
before the learned Single Judge.
3. Brief facts leading rise to filing of this writ
appeal are as under:
The Special Officer (Cashew Cultivation), South
Kanara, Mangaluru had granted land in Sy.No.361/5,
6, 8 & 9 of Nitte Village, Karkala Taluka on
31.03.1958 on lease for a period of 30 years, on the
application made by Late B.B.Shetty. Show-cause
notice was issued on 10.03.1991 alleging that the
entire land was not brought under cashew cultivation
and required number of trees were not planted. The
Deputy Commissioner had taken the possession vide
order dated 13.08.1991. The petitioners and their
deceased mother Smt. Gulabi B. Shetty filed appeal in
Appeal
No.241/1992
and
314/1992
before
the
Karnataka
Appellate
Tribunal.
The
Karnataka
4
Appellate Tribunal allowed the appeals and set aside
the order of the Deputy Commissioner with a direction
to comply the order of the Kar
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