T. PRAKASH RAO Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioner has impugned the first respondent's order dated 24.10.2017 in Revision Petition No.557/2017-18. The first respondent, the concerned Deputy Commissioner, by the impugned order has disposed of the Revision Petition in No.557/2017-18 opining that the petition filed impugning the Assistant Commissioner's Order dated 9.6.2017 in R.A. No.21/2011-12 and R.A. No.248/2016-17 cannot be entertained because the land measuring 25 guntas in Sy. No.58/10 of Kudlu Village, Sarjapura Hobli, Bengaluru Urban District, during the pendency of these proceedings, is diverted for non-agricultural use and the khata for this land is made in the names of the fourth and fifth respondents with the local authority.

(2.) For the purpose of disposal of this writ petition it would be necessary to record the rival submissions as regards the circumstances leading to the Deputy Commissioner's impugned order:

(3.) The other relevant facts are as follows: The petitioner has filed an appeal in R.A. No.21/2011-12 under section 136[2] of the Karnataka Land Revenue Act, 1964 before the Assistant Commissioner, Bengaluru South Sub- Division, impugning the revenue entries in favour of the fourth and fifth respondents in M.R. No.73/2008-09 for an extent of 25 guntas in Sy.No. 58/10. The Assistant Commissioner has set aside the khata made in favour of the fourth and fifth respondents. However, the Assistant Commissioner's order is impugned in Revision Petition No.88/2011-12 before the Deputy Commissioner, Bengaluru Urban District - the first respondent.