H. G. BALAKRISHNA, J. ( 1 ) THE only point for consideration is whether the impugned order of the deputy commissioner can be sustained in the absence of a specific finding as to whether or not the land was granted on an upset price to the original grantee. ( 2 ) THE contents of the impugned order of deputy commissioner show that the arguments were advanced before him by the appellant therein that the land was granted on an upset price of Rs. 300/- per acre to the original grantee. However, there is no finding on this question by the appellate authority. The appellate authority has merely proceeded to apply the Rule prohibiting alienation of lands for fifteen years under Rule 43 (g) of the 1960 rules, and, has held that there is a violation of the terms of grant. ( 3 ) A finding without ascertainment of factscan not be sustained. The process of decision making demands ascertainment of facts, ascertainment of the Rule applicable and finally application of the relevant Rule to the ascertained facts, in order to reach the findings on the facts in issue. ( 4 ) IN the instant case there is non-compliance with these requirements, and, therefore,the finding reached by the deputy commissioner is defective. ( 5 ) THE learned counsel for the fourth respondent submitted at this stage that even assuming that the land was granted on an upset price to the original grantee, under the 1960 rules, there is prohibition on alienation, and therefore, the petitioner would not be entitled to any relief. This is a point to be considered by the deputy commissioner. The writ petition in allowed and the impugned orders are quashed. ( 6 ) I direct the second respondent to hear the appeal afresh after affording a reasonable opportunity of hearing to all the concerned parties and dispose of the case on merits in accordance with law within three months from the date of receipt of a copy of this order and give a specific finding on the following points: 1) whether or not the land was granted to the original grantee on an upset price? 2) if the land was granted on an upset price or otherwise, what is the period of prohibition in regard to alienation, and, whether there is a violation of the said condition. 2) if the land was granted on an upset price or otherwise, what is the period of prohibition in regard to alienation, and, whether there is a violation of the said condition. It is further directed that the parties to this case shall appear before the special deputy commissioner, mandya district, mandya on 6-10-1989 and the learned counsel appearing for the parties shall keep the parties informed of the date of hearing. No further notice from the special deputy commissioner is warranted in this regard. Writ petition allowed. --- *** --- .