PARVATHI Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioner is aggrieved of the impugned orders dtd. 1/10/2014 at Annexure-B passed by the Assistant Commissioner and the order of the Deputy Commissioner dtd. 13/3/2018 at Annexure-A.

(2.) Learned counsel for the petitioner submits that the 4th respondent filed an appeal under Sec. 136(2) of the Karnataka Land Revenue Act, 1964 seeking to set aside mutation entries made in MR No.2/2004-05 and MR No.6/2004-05. Learned counsel submits that the 4th respondent has admittedly gone before the Assistant Commissioner although he had no personal interest in the land in question. On the other hand, it is sought to be contended on behalf of respondent No.4 that the petitioner is in unauthorised occupation of gomal land in Sy.No.24, New Sy.No.131 of Aluvalli Village, Kasaba Hobli, Sakaleshpura Taluk. It is contended that the petitioner is said to have purchased the land in question under a sale deed dtd. 9/3/2005 at the hands of the respondent No.5 to 7 herein.

(3.) Learned counsel for the petitioner submits while taking this Court through the order passed by the Assistant Commissioner that although the Assistant Commissioner was aware of the fact that respondent No.4 had no personal interest in the land in question, however he entertained the appeal filed under Sec. 136(2) although the 4th respondent could not have maintained the appeal since he was not an affected person. The Assistant Commissioner holds that in Sy.No.24 which was a gomal land having an extent of 215 acres, the name of Sri Puttaswamigowda was found in the land records from the year 1999-2000 to an extent of 10 acres. However, the name of Sri Puttaswamigowda's father was not reflected in the land records and therefore it was sought to be held that there were no grant made in favour of any person under whom Puttaswamygowda and thereafter respondents No.5 to 7 acquired right, title and interest over the land in question.