M. R. CHANDRASHEKHAR Vs. RUDRAPPA

JUDGEMENT

(1.) Petitioner is knocking at the doors of Writ Court for assailing the Deputy Commissioner's order dtd. 9/7/2018 at (Annexure H) passed in revisional jurisdiction under sec. 136(3) of the Karnataka Land Revenue Act, 1964 whereby private respondents Revision Petition No. 143/2014-15 having been favoured, the Assistant Commissioners in Case No. R.A(DHO):69/2008 order dtd. 30/12/2014 at (Annexure F) made under sec. 136(2) of the 1964 Act has been set at naught.

(2.) Learned Senior Advocate, Mr.D.L.N.Rao appearing for the petitioner urges the following points in support of his case: (i) the very challenge before the Assistant Commissioner was after decades and therefore, appeal is rightly rejected; (ii) the mutation of entry in the revenue records was made on the basis of 'panchayat parikath' which did bear signatures of all the parties and therefore it cannot be faltered; (iii) the appeal before the Assistant Commissioner was by one person whereas the revision before the Deputy Commissioner was by another and therefore, the private respondent had no locus standi; (iv) the private respondent who is none other than father of the petitioner along with other sons have executed a Confirmation Deed in which, boundary of five acres of land sold is described with reference to one acre of land allotted to petitioner herein under the panchayat parikath; and (v) the private respondents suit for declaration is still pending.

(3.) After service of notice, the respondents having entered appearance through the learned AGA and the private respondent is represented by his private counsel. They both resist the petition by making submission in justification of the impugned order and the reasons on which it has been structured. Learned private counsel contends that: petitioner is one of the sons of his client; the subject land is the self acquired property of his client and therefore, there is no question of its partition; the so called panchayat parikath itself is a fabricated document; it is not registered though compulsorily registerable; it cannot be looked into for any purpose whatsoever since it is not duly stamped; the Assistant Commissioner did not pass orders on his amendment application; the Deputy Commissioner having seen all aspects of the matter has made the impugned order. So contending, he seeks dismissal of the Writ Petition.