SHIVANAND Vs. DEPUTY COMMISSIONER YADGIR

JUDGEMENT

(1.) WRIT petitioner claims to be aggrieved by an order dated 07.02.2013 passed by the first respondent -Deputy Commissioner, Yadgir District, in exercising revisional jurisdiction under Section 322 of Karnataka Municipalities Act, 1964 (for short 'the Act') at the instance of respondent Nos.4 and 5.

(2.) UNDER the impugned order, the Deputy Commissioner has directed certain revenue entries excluding the name of the writ petitioner in respect of an extent of 9450 Sq.ft. consisting of one shed measuring 20 x 10 and the open space, which had came to be mutated in the name of the petitioner in file No.TMC/339/2009 -10 dated 06.11.2009 to be set aside and including the name of the respondents 4 and 5 who are the heirs of one Basavanthrao Deshmukh, the father of respondent Nos.4 and 5 herein.

(3.) CONTENTION of the petitioner is that the subject land had been sold in favour of the writ petitioner by the second respondent -the Joint Director of Industries and Commerce, Gulbarga as per the sale deed dated 23.10.2009 (copy produced at Annexure -B) for a valuable consideration of Rs.1,97,000/ - and therefore, the Revenue Authorities had very correctly shown the entries in the Municipal Records in favour of the writ petitioner; that there is no occasion for the Deputy Commissioner to have acted at variance; that the Deputy Commissioner failed to notice that the sale deed had been executed by a public authority and therefore, it should have been accepted etc.