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.

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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

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Appellate Tribunal allowed the appeals and set aside

the order of the Deputy Commissioner with a direction

to comply the order of the Karnataka Appellate

Tribunal in the aforesaid appeals, vide its order dated

08.03.1993. The respondent issued endorsements

dated 20.05.2015 and 02.07.2015, contending that

taking a decision with regard to tenancy of permanent

sanction of cashew farming is not reasonable and

further contended that there are clear rules imposing

the fixation of rate and it is not justifiable to

regularize the tenancy of the land in view of the

Government issuing draft notification and it was

informed to the petitioners that after final notification

is issued, request of the petitioners will be considered.

The petitioners aggrieved by the endorsements dated

20.05.2015 and 02.07.2015 vide Annexures A and B,

filed writ petition in W.P.No.53954/2015. The learned

Single Judge vide order dated 25.02.2021, disposed

of the writ petition directing respondent No.1 to

implement the order dated 20.03.2015, passed by the

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Karnataka Appellate Tribunal in Appeal No.328/2011,

within a period of 3 months from the date of receipt

of this order. The respondents aggrieved by the said

order, has filed this writ appeal.

4. Heard Sri. S. Rajashekar, learned Additional

Government Advocate for the appellants.

5. Learned Additional Government Advocate

submits that the learned Single Judge has committed

an error in passing the impugned order. He further

submits that the writ court has failed to consider that

the State has already issued a draft notification dated

27.09.2022, in respect of lease of cashew cultivation,

the tenure of which is against the regularization of the

lease on permanent basis. Hence on these grounds,

prays to allow the writ appeal.

6. Perused the records and considered the

submission of the learned Additional Government

Advocate.

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7. It is not in dispute that the land in

Sy.No.361/5, 6, 8 and 9 of Nitte Village, Karkala

Taluka, were granted to B.B.Shetty for cashew

cultivation on lease basis on 31.03.1958 and the

period of lease was for 30 years. Said B.B.Shetty did

not cultivate the said land for the purpose for which it

was allotted. A 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 petitioners

submitted an application for permanent grant. The

said application came to be rejected. The petitioners

aggrieved by the same, preferred appeal in Appeal

No.328/2011 before the KAT. The KAT vide order

dated 20.03.2015, allowed the appeal and set aside

the order and directed to comply the order of the

Tribunal in Appeal No.241/1992 and 314/1992 dated

08.03.1993,

and

further

directed

to

comply

Regulation 53(b) of the Karnataka Appellate Tribunal

Regulations, 1979. The respondents have not

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questioned the validity of the order passed by the KAT

dat