THIMMAVVA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioner is aggrieved by the two impugned orders passed by the 1st respondent-Deputy Commissioner, Tumkur District at Annexures - A and B dtd. 23/5/2022 and 30/5/2022.

(2.) The petitioner had approached the Assistant Commissioner in RRT (Appeal) No.74/2015-16 challenging a mutation entry made in MR No.6/79-80. The Assistant Commissioner partly allowed the appeal directing the retention of the name of Sri Kempasiddaiah S/o Gubbi Siddaiah to an extent of 2 acres and 20 guntas of land in Sy.No.14 of Herur Hobli, Kasaba Hobli, Gubbi Taluk and directed the Tahsildar to enter the name of the petitioner herein in respect of the remaining portion of the land. Since respondent No.4 was aggrieved by the said order passed by the Assistant Commissioner on 19/2/2019 in RRT (A) No.74/2015-16, the 4th respondent approached the Deputy Commissioner, Tumkur District in RP No.135/2019. In the meanwhile, consequent to the orders passed by the Assistant Commissioner, the Thasildar carryout a mutation and passed MR No.H11/2018-19, entering the names of the petitioner to an extent of 2 acres 20 guntas. Therefore the 4th respondent approached the Assistant Commissioner once again in RA No.218/2019. However, since the Assistant Commissioner dismissed the appeal, the 4th respondent approached the Deputy Commissioner in RP No.159/2019.

(3.) The Deputy Commissioner noticed that respondent No.4 herein had already filed O.S.No.186/2019 seeking a declaration of title in so far as 2 acres 20 guntas land in Sy.No.14 is concerned. The Deputy Commissioner therefore allowed both the revision petitions while setting aside the order of the Assistant Commissioner passed on 19/2/2019 and consequently set aside the new mutation entry made in MR No.H11/2018-19.