LALITHAMMA Vs. DEPUTY COMMISSIONER DAVANGERE DISTRICT

JUDGEMENT

(1.) FATHER of the petitioners, namely narasimhappa died during the minority of the petitioners. The first petitioner was agend about 14 years and second petitioner was aged about 7-8 years at the time of death of their father. The Tahsildar, Channagiri taluk, passed the order in favour of petitioners represented by N. Rangappa, as per Annexure-A, dated 17. 5. 1978 regularizing the unauthorized occupation of the land bearing Sy. No. 28 of Muddenahalli Village, measuring 3 acres. The order at Annexure-A reveals that the petitioners were represented by respondent No. 3 herein viz. , N. Rangappa, who is the maternal uncle of the petitioners, i. e. , elder brother of the petitioners' mother, as their guardian. The death certificate of Narasimhappa, father of the petitioners is produced at Annexure-B to the writ petition. It is clear from the said death certificate that the death of Narasimhappa was on 20. 7. 1977, whereas the order of regularization was passed on 17. 5. 1978. Which means, the death of Narasimhappa, the father of the petitioners was earlier to the order of regularization. Pursuant to the order of the regularization, saguvali chit was issued in favour of the petitioners. In the said saguvali chit also, it is mentioned that the petitioners are represented by their guardian N. Rangappa (respondent No. 3 herein ). Certain Sri M. B. Sharanappa and M. H. Shivappa, questioned the grants made in favour of the petitioners and other grantees by filing appeal before the Assistant Commissioner, Shimoga in RA No. 7 of 78-79. In the said appeal also, these petitioners were represented by their guardian N. Rangappa-respondent No. 3 herein. The petitioners and similarly placed grantees were represented by an Advocate before the Assistant commissioner. The said appeal came to be dismissed by the Assistant commissioner on hearing the parties. Thereafter the names of the petitioners were mutated in the mutation register, as could be seen from annexure-E. The said mutation register also discloses that the petitioners are represented by N. Rangappa. After attaining the age of majority, petitioners seem to have been made application to delete the name of guardian from the revenue records and accordingly, mutation Entry No. 7/86-87 was certified on 8. 8. 1986 by deleting the name of the guardian N. Rangappa. Thus, the names of the petitioners continued in the revenue records in their own capacity. The copy of the record of rights for the year 2006-07 is produced at Annexure-G.

(2.) WHEN the facts stood thus, the third respondent filed appeal under section 49 of the Karnataka Land Revenue Act, (for short hereinafter referred to as the 'act') before the Assistant Commissioner, Davangere, questioning the order of the Tahsildar granting saguvali chit in favour of the petitioners in respect of the land in question. The case of the third respondent is that the regularization of unauthorized occupation should have been made in his favour. The Assistant Commissioner dismissed the appeal on 17. 5. 2004. The third respondent questioned the order of the assistant Commissioner before the Deputy Commissioner by filing further appeal under Section 50 of the Act. The Deputy Commissioner allowed the appeal filed by the third respondent herein and set aside the order of the assistant Commissioner and consequently directed to issue saguvali chit in favour of the third respondent. Questioning the order of the Deputy commissioner, this writ petition is filed.

(3.) IN the meanwhile, he has also filed suit in O. S. No. 75 of 2004 before the Civil Court (Junior Division), Channagiri against the Tahsildar and the petitioners seeking declaration that the saguvali chit issued by the Tahsildar, Channagiri, during 1977-78 in the names of the petitioners was illegal and void and for further direction to the Tahsildar to issue saguvali chit in his name. The said suit came to be dismissed as not maintainable.