H.C.CHANDRU Vs. PRESIDENT MANDYA ZILLA PANCHAYATH

JUDGEMENT

(1.) The petitioner has challenged an Order dtd. 16/8/2012 passed by the respondent No.1 in Appeal No.53/2010-11, by which the said appeal preferred by the deceased respondent No.4 against the Order dated 02. 12.2010 passed by the respondent No.2 in case No.[xxx]13:2008-09 concerning the property bearing No.312/2 of Halagur/Halaguru village, Halagur hobli, Malavalli Taluk, Mandya District, was allowed. The petitioner has also sought for restoration of the Order dtd. 2/12/2010 passed by the respondent No.2.

(2.) The petitioner claims that a site measuring East to West 26 feet and North to South 103 feet situate at Halagur village belonged to his grandfather, Sri Kullaiah. It was alleged that the deceased respondent No.4 claimed that Sri Chikkamanchaiah, the father of the petitioner and his elder brother, Sri Doddamanchaiah, sold the property measuring East to West 23 feet and North to South 64 feet in her favour in terms of a sale deed dtd. 16/6/1966 registered on 23/6/1966 (stated as 26/3/1966 in the petition). The petitioner claimed that despite the alleged sale, khata of the property was not changed to the name of the deceased respondent No.4 till 2001. He contended that in the year 2001-02, the respondent No.4 managed with the respondent No.3 to get her name entered in the khata of the entire property measuring 23 feet x 103 feet instead of 26 feet x 64 feet vide M.R. No.9/2000-01 which was without notice to the petitioner and on the basis of a resolution dtd. 6/2/2001 passed by the respondent No.3. The petitioner therefore challenged the resolution of the respondent No.3 before the respondent No.2 in case No.vÁ ÀA ÀÄ:UÁæ ÀA: Àæ.: Dgï:13:2008-09. The respondent No.2 in terms of the Order dtd. 2/12/2010, disposed off the appeal and held that the extent of the site No.312/2 in respect of which the name of the deceased respondent No.4 herein was entered had to be modified as 23 feet x 64 1/2 feet in accordance with the sale deed executed in her favour instead of 23 feet x 103 feet. Further, in respect of the remaining extent of the said site i.e., 23 feet x 38 1/2 feet, the respondent No.2 ordered that the khata was to be restored in the name of the original khatedar. The respondent No.4 challenged this Order before the respondent No.1 in Appeal No.53/2010-11. The respondent No.1 passed the impugned Order dtd. 16/8/2012 and allowed the said appeal. Consequently, the Order dtd. 2/12/2010 passed by the respondent No.2 was set aside.

(3.) Being aggrieved by the aforesaid Order, the present writ petition is filed.