MALLIKAR Vs. GOVERNMENT OF KARNATAKA

JUDGEMENT

(1.) In respect of Sy.No.7 (Old Sy.No.13) of Sidlaghatta Bagilu village, Kasaba Hobli, Chikkaballapura Taluk and District, the revenue entries were standing in the name of Mallikarjuna Chinnappa. An application was made by respondent No.5-M.B.Rajashekar for change of mutation in his favour. This request was made ostensibly on the ground that M.B.Rajashekar was the grand-son of the Khatedar-Mallikarjuna Chinnappa. The said request was accepted and a mutation was ordered in favour of respondent No.5 as per M.R. No.31/2011-12 vide Annexure 'F'.

(2.) The petitioner, who claims to be the President of Shree Mallikarjuna Chinnappa Charities Trust, Chikkaballapura, (hereinafter referred to as 'the Trust' for the sake of convenience) to which Sy.No.7 (old Sy.No.13) was donated, filed an appeal to the Assistant Commissioner. The Assistant Commissioner, however, rejected the appeal on the ground that the appellant therein had not established his entitlement to challenge the order of mutation. This order of the Assistant Commissioner has been confirmed in revision.

(3.) The learned counsel for the petitioner submits that under a registered Partition Deed dtd. 6/12/1923, six properties, including Sy.No.13, were donated in favour of Veerabhadraswamy Temple and Sy.No.13 (Item No.18 in the partition deed) was also one of the items in the partition. It is submitted that Sy.No.13 has been re- numbered as Sy.No.7.