T SIDDESHI Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THE petition filed seeking writ of certiorari for quashing the order of the Deputy Commissioner dated 11-9-2000 at Annexure 'k', the order of the Assistant Commissioner dated 20-10-97 at Annexure 'g' and order of the Tahasildar dated 6-6-95 at Annexure 'f'.

(2.) THE dispute pertains to the entry of katha in respect of Survey No. 97/1a5 of Davanagere village measuring 1 acre 05 guntas. The land earlier part of Survey No. 97 belonged to the father of the petitioner, who in the year 1970 said to have sold the land by a registered sale deed in favour of the Partnership firm of Adinarayana Setty and Sons. The 4th Respondent is son of Adinarayana Setty one of the partners of the firm. Subsequent to the sale the name of Adinanyana Setty and Sons came to be entered into khata registers.

(3.) IT is the contention of the petitioner that, despite the sale, the possession of the land continued with them and that in the year 1983 when the first phoding (sic) took place, the name of the father of the petitioner was entered in respect of the land is question. Subsequent to the demise of the father of the petitioner, the petitioner entered into a partition with his brother under a registered partition deed and sought for change of khata in his favour in respect of the aforesaid land, which came to be granted, and the name of the petitioner continued in the khata registers till 1994-95. The 4th Respondent in the year 1994 on the basis of partition that has taken place in his family made an application for katha change. The petitioner at that stage said to have submitted objections. The Revenue Authorities however granted the request of the 4th Respondent and changed the mutation in his favour.