ERAMMA Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court under Article 226 of the Constitution of India praying for a writ of certiorari to quash the order dated 31.10.2019 passed by the respondent No.2 in Revenue Appeal No.71/2015-16, vide Annexure-F.

(2.) The petitioners claim that they are the owners of the land bearing Sy.No.108A measuring 1.98 acres situated at Siddarampura village in Siruguppa Taluk, Ballari district. Originally, the land in question was standing in the name of one Harijan Maremma who is mother-in-law of the petitioner No.1 and mother of the petitioner No.2. The said land was granted to Smt. Harijan Maremma in the year 1965. Even though the land was granted to Smt. Harijan Maremma, in the record of rights, the name of Smt. Harijan Lachuma Sirigeri was entered in column No.9 and name of Smt. Harijan Maremma is shown in column No. 12.

(3.) It is the case of the petitioners that the name of Smt. Harijan Lachuma Sirigeri has been inadvertently entered in the record of rights. Even though the petitioners are the owners of the land in question, the respondent No.6 got mutated her name in the revenue records. Against which, the petitioners filed an appeal before the 3rd respondent-Assistant Commissioner. The 3rd respondent allowed the appeal of the petitioner, set-aside the mutation order No.4/79-80 and MR No. 16/2008-09 and directed to enter the name of the petitioners. Aggrieved by the same, the respondent No.6 filed revenue appeal No.71/2015-16 before the respondent No.2-Deputy Commissioner. The respondent No.2 by order dated 31.10.2019 allowed the appeal and set-aside the order passed by the respondent No. 3-Assistant Commissioner and ordered to restore the MR No.4/1979-80 and MR No. 16/2008-09. Aggrieved by the same, the petitioners are before this Court.