TALUKA PANCHYATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The short question that arises for consideration before us in these appeals is whether the power under Sec. 25 of the Karnataka Land Revenue Act, 1964 (for short, the 'Act') is available to be exercised by the Deputy Commissioner when there is no enquiry/revenue proceedings pending before him for adjudication and whether after an Order has been passed in a revision petition under Sec. 136(3) of the Act, can he exercise power under Sec. 25 of the Act for annulling such an Order?

(2.) These intra-court appeals are filed by the State of Karnataka and the Taluk Panchayat, Chamarajanagara, calling in question, the Order dtd. 26.02.2009 passed in W.P. No.16438/2007 (KLR-RR/SUR) by an Hon'ble Single Judge of this Court allowing the writ petition and directing the appellants herein to make entries of the names of respondents/petitioners in the writ petition, in the record of rights by way of inheritance khata in respect of lands bearing Sy.No.458 measuring 3 acres 35 guntas and Sy.No.459 measuring 3 acres 15 guntas in Chamarajanagara, Kasaba Hobli, Chamarajanagara Taluk.

(3.) The facts in so far as the same are necessary for deciding these appeals are concerned lie in a short compass. There is no dispute about the fact that one Sri. C.V. Srinivasan, father of Sri. C.S. Purushotham (one of the petitioners in W.P. No.16438/2007) was the original owner of the two items of lands in dispute in these proceedings, namely, 3 acres and 35 guntas in Sy. No.458 and 3 acres and 15 guntas in Sy.No.459 of Chamarajanagara, Kasaba Hobli, Chamarajanagara Taluk, having purchased them from one Sri K.T. Somaiah by a registered sale deed dtd. 24/8/1949 who in turn had earlier purchased them from one Sri A.E.Morris on 14.07.1947. There is also no dispute about the fact that after late C.V. Srinivasan purchased the land, RTC entries were made in his name on 12/3/1964 as per proceedings in MR 388/64-65 dtd. 12/3/1964. On finding out subsequently that name of late C.V. Srinivasan was abruptly deleted by the Revenue Authorities and the name of vendor of Srinivasan 's vendor Sri A.E. Morris was re- entered in the revenue records, now deceased C.V. Purushotham and others initiated proceedings for getting their names re-entered in the revenue records (RTC) by way of inheritance khata.