1.

The petitioner made an application seeking for

grant of land under Section 94-B of the Karnataka Land

Revenue Act, 1964 (for short 8the Act9). In other words,

he claimed that he was in unauthorised occupation of

this land prior to the 14^th day of April 1990. This

application

was

in

respect

of

land

bearing

Sy.No.29/1B(P) in respect of 01 acre 17 cents. The Land

3

Grant Committee considered the application of the

petitioner and passed an order recommending the said

land to be granted in favour of the petitioner. This

recommendation was accepted by the Tahasildar and it

is stated that a saguvali-chit was also issued.

2.

This order of grant was challenged by one Vittala

Shetty, by preferring an appeal before the Deputy

Commissioner. The Deputy Commissioner took the view

that the land sought for by the petitioner could not have

been granted without extinguishing the kumki rights that

Vittala Shetty (Respondent No.4) possessed. The

Deputy Commissioner accordingly cancelled the grant.

3.

It may also be pertinent to state here that the

Deputy Commissioner, in the very same order, also took

the view that the characteristics of the kumki land were

lost by virtue of the unauthorised