LAWS(KAR)-2011-11-368

MANJULAVALLI SINCE DECEASED BY LRS, SRI S. RAJINDIRAN S/O LATE T. SUNDARAMURTHY, SRI RAVI VARMA, S/O LATE T. SUNDARAMURTHY AND SMT SHASHIKALA, D/O LATE T. SUNDARAMURTHY Vs. STATE OF KARNATAKA, BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING,

Decided On November 08, 2011
Manjulavalli Since Deceased By Lrs, Sri S. Rajindiran S/O Late T. Sundaramurthy, Sri Ravi Varma, S/O Late T. Sundaramurthy And Smt Shashikala, D/O Late T. Sundaramurthy Appellant
V/S
State Of Karnataka, By Its Secretary, Revenue Department, M.S. Building, Respondents

JUDGEMENT

(1.) THE petitioners contend that their father late T. Sundaramurthy, was the owner of properties bearing Nos.441 and 442 situated at Sulthanpet, Nanda Hobli, Chikkaballapur Taluk, Chikkaballapura District. It is further contended that after the death of T. Sundaramurthy, the petitioners and their mother Smt. Manjulavalli were in possession and enjoyment of the property as the absolute owners thereof. The katha of the said property stood in their name and they have been paying tax to the competent authorities. The application made by the 4th respondent seeking transfer of katha was dismissed by the 3rd respondent - Gram Panchayath. Feeling aggrieved by the said order, the 4th respondent filed an appeal before the 2nd respondent under Section 269 of the Panchayath Raj Act, 1993. The appeal was allowed as per the order at Annexure -F dated 22.10.2008. The petitioners have called in question the validity of the said order in this writ petition.

(2.) I have heard the Learned Counsel for the parties.