question of adducing oral evidence to establish what is not on record as concluded fact, held, does not arise.

2002(3) Kar. L.J. 53 (DB)

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

(DIVISION BENCH)

HOSABAYYA NAGAPPA NAIK AND OTHERS

Verses

STATE OF KARNATAKA AND OTHERS

(A) KARNATAKA LAND REFORMS ACT, 1961, Section 77-A Karnataka Land Reforms Rules, 1974, Rule 26-C-Grant of land- Scope of enquiry to be held before making order for Enquiry is for limited purpose of ascertaining fact already accomplished that applicant was and has been lawful tenant in actual possession and cultivation of land as on and since appointed date and that land, being tenanted, stood vested in State Government on appointed date - Where this fact is not borne out on records, it becomes disputed fact and hence goes out of scope of enquiry, and question of adducing oral evidence to establish what is not on record as concluded fact, held, does not arise.

(B) KARNATAKA LAND REFORMS ACT, 1961, Section 77-A(1) Karnataka Land Reforms Rules, 1974, Rule 26-C Grant of land Enquiry to be held by authority for purpose of Rule prescribing procedure for such enquiry, held, is not ultra vires provision of Act, merely because provi- sion of Act enables authority to "hold such enquiry as he deems fit" - Object of rule is to obviate possibility of arbi- trary exercise of power regarding holding of enquiry - Rule, held, does not contravene provision of Act.

(C) KARNATAKA LAND REFORMS ACT, 1961, Section 77-A Grant of land - Rejection of application for - Where ap- plicant has failed to prove that he was tenant lawfully in possession and cultivation of land in question as on ap pointed date and has continued to be so since then and that land is one vested in State Government on appointed date, rejection of his application, held, was proper- No scope for remanding matter for reconsideration