DODDARANGAMMA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THIS Writ petition is filed being aggrieved by the order passed by the Deputy Commissioner, hassan District, Hassan, dated 24. 05. 2004 in case No. RA/148/2002-2003 confirming the order passed by the Assistant Commissioner, Hassan Sub-Division, Hassan dated 24. 10. 2002 in case no. RA. 102:99-2000, wherein it is ordered that the name of the fifth respondent shall be entered in the record of rights in respect of 02 Acres of land in Sy. No. 351, totally measuring 04 Acres 15 Guntas situate in Bagu Village, C. R, Patna Taluk, Hassan District.

(2.) IT is the case of the petitioner that the land comprised in the said Sy. No. 351 measuring 04 acres 15 Guntas belonged to Boralingegowda, who died intestate leaving behind his wife Smt. Nanjamma and two daughters namely, Smt. Doddarangamma - writ petitioner and Smt. Sannarangamma, Nanjamma died in the year 1993. Petitioner along with her younger sister Smt. Sannarangamma succeeded to the property of Boralingegowda as his successors and legal heirs. On 05. 02. 1976, Smt. Sannarangamma executed a registered relinquishment deed relinquishing her right in favour of Smt. Nanjamma, the mother of the petitioner and the petitioner in respect of the above said land bearing Sy. No. 351 along with other properties. The mother of the petitioner Nanjamma died in the year 1983 and the petitioner became the absolute owner of Sy. No. 351. It is further averred that during the year 1986-87, son of the petitioner M. N. Ramachandra - Respondent No. 4 submitted a representation to the revenue officer stating that smt. Nanjamma, wife of Boralinge Gowda consented to change the khatha in respect of the entire land bearing Sy. No. 351 taking advantage of illiteracy and old age of late Nanjamma and the name of the fourth respondent was entered by the revenue authorities without giving an opportunity to the petitioner. Thereafter, in the year 1993-94, the fourth respondent gave consent before the revenue authority to change the khatha in respect of 02 Acres of land in Sy. No. 351 in favour of his wife i. e. , the fifth respondent and mutation entry was changed in the name of the fifth respondent under M. R. No. 16/1993-94. In the year 1996-97, the fourth respondent once again approached the revenue authority to change the khatha and got entered his name in respect of 02 Acres in place of 5th respondent, who is stated to have given consent for the same as per m. R. No. 19/97-98. Petitioner filed O. S. No. 186/1999 on the file of the Civil Judge (Jr. Dn.), chanarayapatna, for declaration of title and consequential injunction against the fourth respondent and in the said suit, the fourth respondent conceded to the title of the petitioner to the land in Sy. No. 351 measuring 04 Acres 15 Guntas and compromise decree was passed on 24. 10. 2002 as per Annexure 'e' to the Writ Petition in respect of Sy. No. 351 measuring 4. 15 acres, decreeing the suit for declaration of title and injunction and entry was made in the revenue records in the name of the petitioner as per the decree in M. R. No. 93/98-99. However, the fifth respondent filed an appeal before the Assistant Commissioner without making the petitioner as a party to the said appeal and impleading the fourth respondent as respondent in the said appeal and the said appeal was allowed by order dated 24. 10. 2002 and M. R. No. 19/1997-98 was set aside. Being aggrieved by the same, respondent No. 4 preferred revision petition before the Deputy Commissioner, Hassan, in R. A. No. 148/2003 and the Deputy Commissioner dismissed the revision and confirmed the order passed by the Assistant Commissioner and being aggrieved by the same, present writ petition is filed.

(3.) I have heard the learned Counsel appearing for the petitioner and the learned Counsel appearing for the fifth respondent and the learned High Court Government Pleader appearing for respondents 1 to 3, Respondent No. 4 though served with notice, has not chosen to appear before this Court.