SHARADAMMA Vs. G.SUDHA YANE LAKSHMI

JUDGEMENT

(1.) The petitioner is before this Court seeking for a certiorari for quashing the order dated 21.03.2018, passed by the Deputy Commissioner, Ballari in Appeal No.62/2016-17, vide Annexure-K, by confirming the order dated 26.10.2016, passed by the Assistant Commissioner, Ballari in Case No.REV/MISC/AJSK/22/2016-17, Ballari, vide Annexure-J.

(2.) The petitioner, who is the mother of late Gadi Nagaraj S/o.Virupakshappa has challenged the said order contending that the said Gadi Nagaraj was working as a S.D.A. in DIET College at Davanagere. He was married to the first respondent, Smt.G.Sudha Yane Lakshmi on 28.06.2009 at Davanagere. Due to difference of opinion between them, the deceased Nagaraj had filed M.C.No.162 of 2012 in the family Court at Davanagere under Section 31(1)(i-a)(i-b) of Hindu Marriage Act , for dissolution of marriage, which came to be dismissed. Hence, the deceased Gadi Nagaraj had filed MFA No.1099 of 2014, during the pendency of which, he expired on 01.02.2015. Hence, the said appeal came to be dismissed as abated. Accordingly, the petitioner's mother submits that on account of the deceased having filed the petition for dissolution of marriage, respondent No.1 cannot be have considered as legal representative or heir of the deceased Gadi Nagaraj. Despite which, respondent No.1 had made an application to the Deputy Tahsildar, Harapanahalli seeking for issuance of survival/legal heir certificate giving the names of the entire family including the petitioner, which came to be rejected by endorsement dated 20.03.2015 on account of the objection raised by the petitioner herein.

(3.) Another application having been filed for issuance of income certificate to the Tahsildar, the same came to be rejected by the said Tahsildar on 09.04.2015 and called upon respondent No.1 to produce necessary documents.