B.C.NANJUNDAIAH Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) The petitioner is aggrieved of the impugned order dtd. 9/1/2017, passed by the Assistant Commissioner, Kolar Sub-Division. Earlier the petitioner had filed W.P.No.47509/2015 alleging that although the name of the petitioner was entered in the land revenue records from the year 1986-87 to 2009-10 on the basis of a grant made way back in the year 1979, but his name was discontinued subsequently. This court by order dtd. 23/4/2016, directed the respondents-authorities to examine the case of the petitioner and if his name is illegally discontinued without any request, the name of the petitioner shall be restored in the revenue records and since the petitioner has already paid phodi fee, durasti work shall be carried out and petitioner's name shall be restored in the revenue records, in accordance with law. However, it was directed that the entire exercise shall be completed within four months from the date of receipt of a copy of the order. Consequently, the impugned order was passed by the Assistant Commissioner on 9/1/2017, rejecting the plea made by the petitioner to re-enter his name in the records.

(2.) On going through the impugned order, it is evident that consequent to the directions issued by this court, the Assistant Commissioner summoned the original grant register, saguvalli chit issue register, etc., and on verifying the report of the Tahsildar, he came to a conclusion that no such grant was found to have been made in favour of the petitioner. On the contrary, it was held that the grant order, grant certificate and handwritten pahanis were all fabricated and therefore the name of the petitioner cannot be continued in the land revenue records.

(3.) Learned counsel for the petitioner submits that although there was a specific direction by this court to examine the case of the petitioner, without giving an opportunity of hearing to the petitioner, the impugned order has been passed by the Assistant Commissioner.