BASAVANNI SHANKAR AMMANAGI Vs. KESHAVVA

JUDGEMENT

(1.) THIS petition is taken up for final hearing with the consent of Counsels for both the parties.

(2.) THE petitioner assailing the impugned order dated 18-7-2001 passed by the third respondent bearing No. RB/rta/h1/2000-2001, a copy of which has been produced at Annexure-C, the order dated 3-11-2000 bearing No. RTS/cr/45/2000 passed by the 4th respondent, a copy of which has been produced at Annexure-B and the order dated 10-10-2000 bearing No. HES/sr/267/1999-2000, a copy of which has been produced at Annexure-A passed by the 5th respondent.

(3.) THE petitioner is an agriculturist. The first respondent is the mother of the petitioner. The petitioner had an younger brother by name Shivanand alias Shivappa. The younger brother of the petitioner was unmarried and he died on 5-11-1999. The first respondent-mother is the only legal heir of the deceased-Shivanand. As contended by the petitioner, the second respondent filed an application to the 5th respondent alleging that she is the legally wedded wife of deceased-Shivanand and prayed for issuing heirship certificate showing herself and respondent 1 as heirs of the deceased-Shivanand. The petitioner filed objections contending that the second respondent is not the wife of the deceased-Shivanand. Hence, she could not become the heir of the deceased. The 5th respondent without considering the objections filed by the petitioner has proceeded to pass the order dated 10-10-2000 holding that the second respondent is the wife of deceased-Shivanand and respondents 1 and 2 are the survivors of deceased-Shivanand and issued the heirship certificate. Feeling aggrieved by the order passed by the 5th respondent dated 10-10-2000, the petitioner filed an appeal under Section 49 of the Kar-nataka Land Revenue Act before the 4th respondent. The 4th respondent in turn issued an endorsement refusing to entertain the appeal on the ground that the 5th respondent has not passed the order under the Karnataka land Revenue Act, 1964. Feeling aggrieved by the said endorsement issued by the 5th respondent, the petitioner filed an appeal under Section 50 of the said Act before the 3rd respondent. The third respondent by its order dated 18-7-2001 dismissed the appeal.