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2022 Supreme(Online)(Kar) 49917

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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