JAYALAKSHAMMA Vs. DEPUTY COMMISSIONER HASSAN DISTRICT

JUDGEMENT

(1.) PETITIONERS, questioning the correctness of the impugned order dated 23rd March 2004 in proceedings No. RA. 51/2002-03 passed by first respondent and the order dated 22nd October 1998 in proceedings no. R. A. No. 157/1995-96 passed by second respondent vide Annexures-A and B respectively, have presented the instant writ petition.

(2.) THE grievance of petitioners in the instant writ petition is that, petitioners herein claim that, the first petitioner is the wife and second petitioner is the son of late Sri Manje Gowda and there was a partition between Sri Manje Gowda, the husband and father of petitioners herein respectively and late Sri Ninge Gowda, the husband of fourth respondent-who is none other than the father of late Sri Manje Gowda. As per the partition deed entered into the joint family consisting of late Sri Ninge gowda, his wife Smt. Puttamma and their son, late Sri Manje Gowda in the month of July 1986, Sy. No. 99/2 measuring an extent of 12 guntas came to the share of late Sri Manje Gowda. Accordingly, late Sri Manje gowda has filed the application before the Tahsildar, Hassan Taluk, hassan seeking transfer of khata of the said property to his name by furnishing all the documents. Accordingly, mutation was sanctioned in respect of an extent of 10 guntas in Sy. No. 99/2 situate at B. Katihalli hassan Taluk and the same was certified by the jurisdictional Revenue inspector on 11th May 1988. on the basis of the report submitted by the village Accountant vide Annexure-D. After certifying the mutation, the name of the deceased late Sri Manje Gowda, the husband of firs petitioner and father of second petitioner has been recorded in the record of rights and other revenue records and since then, petitioners have been in peaceful possession and enjoyment of the said land.

(3.) WHEN things stood thus, after lapse of nearly three years ten months, and after the death of the father of late Sri Manje Gowda, i. e. , late Sri ninge Gowda, the husband of fourth respondent, the fourth respondent herein has filed the appeal under Section 136 (2) of the Karnataka Land revenue Act on the file of the Assistant Commissioner, Hassan Sub-Division, Hassan in proceedings R. A. No. 157/95-96. The said appeal had come up for consideration before the said authority on 22nd October 1998 and the second respondent after verifying the records available on file and other material available, has set aside the mutation certified in M. R. No. 19/88-89 by his order dated 22nd October 1998. Assailing the correctness of the said order passed by second respondent, petitioners herein have filed the revision petition before the first respondent in proceedings R. A. No. 51/2002-2003. The said matter had come up for consideration before the first respondent on 23rd March 2004. The first respondent, after perusal of the order passed by second respondent and other material available on file, has dismissed the revision petition filed by petitioners. Being aggrieved by the impugned orders passed by respondents 2 and 1, vide Annexures-B and A respectively, as referred above, petitioners herein felt necessitated to present the instant writ petition.