STATE OF KARNATAKA Vs. CHIKKAMUNIVENKATAPPA

JUDGEMENT

(1.) This intra court appeal has been filed against an order 11/9/2017 passed by the learned Single Judge by which in a writ petition preferred by respondent No.1, order of Deputy Commissioner dtd. 10/3/2016 is set aside and Tahsildar has been directed to restore the name of the deceased respondent No.1 in the revenue records in respect of land measuring 8 acres 5 guntas of Sy. No.51 of Kembatahalli Village, Uttarahalli Hobli, Bangalore South Taluk (hereinafter referred to as 'schedule land' for short). The Tahsildar has been further directed to carry out the measurement of the property and fix the boundaries.

(2.) Facts giving rise to filing of this appeal briefly stated are that original petitioner namely Chikkamunivenkatappa filed an application for grant of occupancy rights in respect of land measuring 8 acres and 5 guntas of Sy. No.51 under the provisions of Karnataka Village Offices Abolition Act, 1961 (hereinafter referred to as 'the 1961 Act' for short). The occupancy rights were granted in favour of original petitioner and his name was mutated in the revenue records which is evident from the RTC and Register of Assessment regarding revenue payable to the Government.

(3.) However, the name of the original petitioner was entered only in respect of 5 acres and 5 guntas of land. The petitioner approached the Assistant Commissioner by filing an appeal which was allowed by an order dtd. 27/6/2003 and Tahsildar was directed to restore the entries in respect of land measuring 8 acres and 5 guntas. However, the Assistant Commissioner within three days, by an order dtd. 30/6/2003 reviewed his earlier order and directed that the name of the original petitioner shall continue only in respect of 5 acres. The said order was challenged before the Special Deputy Commissioner, who by an order dtd. 30/7/2010 allowed the revision and directed the Tahsildar to restore the entries in the name of original petitioner in respect of land measuring 8 acres and 5 guntas.