GAJANANA Vs. DEPUTY COMMISSIONER BAGALKOT

JUDGEMENT

(1.) THESE petitioners, assailing the correctness of the order dated 31st May, 2007 in proceedings No. RTS/rvn/08/2006-07 passed by first respondent-Deputy Commissioner, Bagalkot District, vide Annexure N, have presented the instant writ petition.

(2.) THE father of petitioners herein and the father of respondents 3 to 5 were brothers. Petitioners herein are the legal representatives of deceased Sri. Mahadev Ingale and respondents 3 to 5 are the children and legal representatives of deceased Sri. Dadu Ingale. During the lifetime of late Sri. Mahadev Ingale, the said Mahadev Ingale and late Sri. Dadu ingale were joint owners in respect of land bearing Sy. No. 26/1 measuring 36 guntas and sy. No. 26/2/a measuring 15 acres 07 guntas both situate at Kadapatti Village in Jamkhandi taluk, Bagalkot District. Respondent No. 4-Sri. Srikanth, s/o late Sri. Dadu Ingale had availed the loan of Rs. 12,00,000/- from the petitioners by executing a Memorandum of understanding. The said amount was used for the purpose of developing his business and they have been doing business at Pune in maharashtra State. Accordingly,the fourth respondent has executed the Memorandum of understanding both on his behalf and also on behalf of his mother, and brothers and issued the receipt dated 14th October, 2003 vide annexure-C. Thereafter, the said respondent has submitted a 'wardi' to the jurisdictional revenue Officer viz. , the Tahsildar, jamkhandi Taluk stating that, himself, his mother and his brothers do not have any objection to sanction/certify the mutation by entering the name to petitioners herein in the relevant RTC extracts and other revenue records vide Annexure-E and also filed the affidavit by duly swearing to before the Notary on 14th October, 2003 vide Annexure-F. Further, the fourth respondent has on behalf of his other brothers has given acceptance and sworn to the Affidavit. The Power of Attorney dated 18th July 2003 is produced as An-nexure-G to the writ petition, wherein the widow of late Sri. Dadu Ingale and the brothers of fourth respondent have nominated and appointed the fourth respondent as their lawful attorney for all the acts, deeds and things in their name and on their behalf. The photographs of all of them are also attested at the ends of the said Power of Attorney given on 18th July, 2003. Accordingly, in pursuance of the 'wardi' submitted by fourth respondent on behalf of himself and on behalf of respondents 3 and 5, the jurisdctional Revenue Inspector has sanctioned the mutation and recorded the names of these petitioners in the record-of-rights and other revenue records on 2nd November, 2003 in M. R. No. 728 by his order dated 16th October, 2003 vide Annexure-H. Accordingly, the names of all these petitioners have been recorded in column No. 9 and column No. 12 (2) of the record-of-rights. Be that as it may.

(3.) AFTER lapse of nearly three years, the respondent Nos. 3 to 5 have filed the appeal before the second respondent-the Assistant commissioner, Jamkhandi Sub-Division, jamkhandi assailing the correctness of the order dated 16th October, 2003 in M. R. No. 728 passed by the jurisdictional Revenue Officer vide Annexure-H under Section 136 (2)of the Karnataka Land Revenue Act without filing any application for condonation of delay in preferring the said appeal. The second respondent -. Assistant Commissioner, after hearing both sides and after perusal of the relevant material available on file, has rejected the appeal filed by respondents 3 to 5 by his order dated 1st June, 2006 in proceedings No. R. T. S. /ap/70/2004-05, upholding the mutation certified by the jurisdictional Revenue inspector vide Annexure-L.