C M AIYANNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner assailing the correctness of the impugned order dated 19. 7. 1999 passed by the 2nd respondent - Deputy Commissioner in Revision Petition No. 3/97-98 (Annexure-H) has filed this writ petition.

(2.) THE case of the petitioner is that he is the absolute owner of the piece and parcel of the agricultural lands in survey no. 67/2, 70/1 and 68/1 of Nakoor village, Somwarpet Taluk, Kodagu District and exercising all rights of ownership over the same. The petitioner contended that, he acquired the right in respect of the lands in question by virtue of a Family partition/memorandum dated 29. 4. 1969, to that the respondent no. 4 is also a party. Pursuant to the same, the revenue records of the lands in question were transferred to the name of the petitioner. Jamabandi extract for the year 1970 is produced as Annexure-B. Mutation in respect of the lands in question was changed in the name of the petitioner in the year 1970. Ever since then the petitioner is enjoying the lands in question as an exclusive owner in possession and enjoyment.

(3.) WHEN things stood thus, the respondents 4 and 5 have filed application before the Assistant Commissioner for deleting the name of the petitioner in col. no. 3 of the jamabandi on the ground that the said entry was made contrary to the request by the petitioners father and the petitioner. The request made by the petitioners father and the petitioner is that the petitioners name may be entered along with his father in col. no. 6 The said application was considered by the Assistant Commissioner by its order dated 30. 5. 1997 (Annexure-G) directing the parties to approach competent court as the question is purely of civil in nature. Assailing the correctness of the order dated 30. 5. 1997, the respondents 4 and 5 have preferred a revision before the Deputy Commissioner under section 136 (3) of the Karnataka Land Revenue Act. The 2nd respondent-Deputy Commissioner after hearing both sides and considering the entire material on record passed the order by setting aside the order passed by the Assistant Commissioner and the entries made in col. no. 3 of the Jamabandi giving liberty to the revision, respondent to approach the competent authority for inclusion of his name if he is entitled for the same by its order dated 19th July 1999 (Annexure-H ). Assailing the correctness of the order dated 19. 7. 1999 passed by the Deputy Commissioner, the petitioner has presented this writ petition.