BASAPPA NINGAPPA Vs. THE ASSISTANT COMMISSIONER AND OTHERS

JUDGEMENT

(1.) THESE writ petitions filed seeking writ of certiorari for quashing the orders of the Assistant Commissioner dated 30.7.1999 at Annexure 'B' and the order of the 1st Respondent -Deputy Commissioner dated 14.9.2000 at Annexure 'C'.

(2.) ACCORDING to the Petitioners, the lands bearing survey numbers 5/1C, 77/2, 80/1, 80/3 measuring 1 acre 03 guntas, 1 acre 35 guntas, 1 acre 31 guntas, and 2 acres 37 guntas respectively, situated in Singapur village of Shiggaon are the joint properties of the Petitioners and his uncle one Sri Channabasappa. After the demise of his uncle Channabasappa, his wife Smt. Channabasavva succeeded to the estate of her husband in the aforesaid lands. One Sri Shivashankara Basalingappa Hombaradi, who is the Respondent No. 4 in Writ Petition No. 30646 of 2000 claiming to be the Power of Attorney of Smt. Channabasavva sold her half share in the lands in favour of the 3rd Respondent and after his death, the Respondent 3(a), (f) shown as his Legal representatives have succeeded to the estate of the deceased 3rd Respondent.

(3.) EVEN before the compromise was entered into, the sale of the extent of half share of Smt. Channabasavva in the aforesaid lands are sold in favour of the 3rd Respondent -3, who on the strength of the sale deed, made request to the Revenue Authorities for katha entries in his favour and to show his name as joint kathedar along with the Petitioner and his request came to be allowed.