NARAYANAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners, who assert title to an extent of about 15 acres in Sy.No.19 of Gollahalli Village, Attibele Hobli, Anekal Taluk (for short, 'the subject property'), have impugned the second respondent's Order dtd. 14/7/2011 in Revision Petition No.75/2011-12. The second respondent, by this impugned order, has set aside the third respondent's Order dtd. 18/4/2011 in LND.RA.(A)/6/2002-03.

(2.) The facts and circumstances leading to the present challenge must be referred to before the rival submissions are considered. The petitioners' predecessors-in-interest enjoyed the benefit of revenue entries for the subject property for over four decades and these revenue entries for the subject property are purportedly made in their names because of an asserted grant of occupancy rights in their favour in the proceedings in Case Nos.19/58-59 and 24/58-59 under the provisions of the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 (for short, "Inams Abolition Act" ).

(3.) The petitioners' title to the subject property has come under a cloud with the third respondent initiating proceedings under Sec. 136(3) of the Karnataka Land Revenue Act, 1964 (for short, "the Revenue Act") and canceling the revenue entries in their favour opining that the revenue entries are based on forged documents. The third respondent has initiated such proceedings against the petitioners' predecessorsin-interest though they were dead and as such, the petitioners have challenged the third respondent's Order dtd. 26/4/2003 (28/4/2013) before the second respondent in Revision Petitions No.91-94/2003-04 under Sec. 136(3) of the Revenue Act but unsuccessfully inasmuch as the second respondent has rejected these Revision Petitions by his Order dtd. 26/4/2004.