H HANUMAPPA Vs. SPECIAL DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioner has raised the challenge to the order, dated 1-4-2009 (Annexure-N) passed by the first respondent-Special Deputy Commissioner in Revision Petition No. 44 of 2006-07.

(2.) The petitioner's case in brief is that the land measuring 2 acres 35 guntas (including 4 guntas of phot kharab land) at Sy. No. 43/2 of Avalahalli Village, Uttarahalli Hobli were owned by Sri Lankappa s/o Gangaboregowda. On the demise of Sri Lankappa, his son Sri A.L. Hanumanthappa became its owner. Further, on the demise of Sri A.L. Hanumanthappa, his wife Smt. Sharadamma, his son Hanumappa and his brother Lankappa have become the owners. When thus stood the state of affairs, the name of one Smt. Sharadamma w/o. Late Thippaiah came to be shown in the revenue records vide IHC CR 2/1991-92. This mutation entry was without notice to the petitioner. The petitioner challenged it by filing R.A. No. 62 of 1999-2000 before the Assistant Commissioner. The Assistant Commissioner, vide his order, dated 12-4-2001 (Annexure-C) allowed the appeal by directing that the petitioner's name be shown in the revenue records in the place of the sixth respondent's name. The sixth respondent did not challenge the Assistant Commissioner's order immediately, but approached the Bangalore Mahanagara Palike CBMP for short) for the change of khatha in her favour. On knowing that the sixth respondent has obtained the khatha from the BMP, the revision petition was filed invoking Section 114A of the Karnataka Municipal Corporations Act, 1976. In the revision proceedings, the issuance of khatha was revoked on 9-10-2000. The sixth respondent instituted O.S. No. 618 of 1991 against the BDA in the City Civil Court, Bangalore, which was dismissed on 19-6-1996. Meanwhile, the proceedings initiated for the acquisition of land in question for benefit of BDA were also impugned by the sixth respondent in W.P. No. 1283 of 1997 and W.A. No. 713 of 1999, but without any rate of success.

(3.) In 2006, the sixth respondent filed Revision Petition No. 44 of 2006-07 and raised the challenge to the Assistant Commissioner's order, dated 12-4-2001. The Special Deputy Commissioner by his order, dated 1-4-2009 set aside the Assistant Commissioner's order and directed that the entries in the revenue records in respect of the land measuring 2 acres 35 guntas at Sy. No. 43/2 be continued in the name of the sixth respondent. Aggrieved by this order of the Special Deputy Commissioner, this petition is instituted.