MAHADEVI W/O. BASAPPA KERUR Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) The petitioner has approached this Court in the instant writ petition with a prayer to quash the order dated 29.11.2011, vide Annexure-F, passed by the Assistant Commissioner, Jamakhandi

(2.) The brief facts of the case that would be relevant for the purpose of disposal of this petition are: The petitioner herein is the owner of the land bearing Survey No.415/2K measuring 2 acres 24 guntas, situated at Belagali village, Mudhol Taluk, Bagalkote District. Originally the said land belonged to respondents 4 and 5 herein. Under a registered gift deed dated 20.10.2008, the said land was gifted to the petitioner herein by respondents 4 and 5. Since respondent No.5 had borrowed a loan from the respondent No.3 - Bank prior to executing the gift deed in favour of the petitioner herein, the 3rd respondent had filed an application before the Tahasildar to create a charge on the property in question and the same was dismissed by the Tahasildar and being aggrieved by the same, the 3rd respondent Bank had filed an appeal under Section 136(2) of the Karnataka Land Revenue Act, 1964, before the Assistant Commissioner, who had allowed the said appeal vide the order impugned and directed to certify the mutation entry No.366/08-09 and being aggrieved by the same, the petitioner is before this Court.

(3.) Learned counsel for the petitioner has today filed a memo stating that the 5th respondent has now paid the entire loan amount due to the 3rd respondent Bank and having regard to the same, the Bank has relinquished their lien over the property and a letter also has been addressed by the Bank in this regard to the Sub-Registrar, Mudhol. He submits that, having regard to the subsequent development, the order passed by the Assistant Commissioner may be set aside and the Tahasildar may be directed to mutate the name of the petitioner in respect of the land in question.