H. VENKATARAMANAPPA S/O LATE NEERAGANTI HANUMAPPA AND YELLAPPA S/O LATE NEERAGANTI HANUMAPPA Vs. ASSISTANT COMMISSIONER AND OTHERS

JUDGEMENT

(1.) PETITIONERS have sought for quashing the order dated 3.6.2007 - annexure D in RRT (2) DAS 10/2007 -08 certifying the entries in the name of the 3rd respondent in respect of land in Sy. No. 131/3 measuring 1.25 acres of Narayanakere Village, Hoskote Taluk, Bangalore; to restore the mutation entries in the names of the petitioners in respect of the said land to the said extent; to quash the order passed by the Karnataka Appellate Tribunal on 17.1.2008 confirming the order of the Assistant Commissioner; to quash the order of the Tahsildar at Annexure F and to declare that the sale deed executed by the 3rd respondent in favour of Smt Lakshmi/5th respondent as null and void.

(2.) SY . No. 131/3 measuring 1.25 acres is said to be the property granted in favour of the father of the petitioners pursuant to the order of the Assistant Commissioner under the Karnataka Religious and Charitable Inams Abolition Act by order dated 17.12.1963. The name of the petitioner's father was entered in the Mutation Register during 1965 -66 in No. 97. On the application filed by the 3rd respondent stating that she is in occupation of the said land, by producing a document alleged to have been ordered by the la respondent - Assistant Commissioner granting occupancy rights in her favour, an order came to be passed by the competent authority/Tahsildar on 3.6.2007 certifying the entries in favour of the 3rd respondent. However, this has been disputed by the petitioners.

(3.) ACCORDING , to the petitioners, the 1st respondent/Assistant Commissioner himself has voluntarily appeared before the Court confessing that he has nor passed any such order and the so called order produced by the 3rd respondent is a fake order. In this regard, even a complaint is filed against the 3rd respondent and after inquiry, charge sheet is also filed.