HANUME GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are before this Court against the order at Annexure-'A' dated 22.5.2012 passed by the Deputy Commissioner, Bangalore District, remitting the matter to the Special Tahsildar, Bangalore North Additional Taluk, to pass orders after holding an enquiry in respect of availability of land and with regard to the entries made in the revenue records.

(2.) Heard the learned counsel representing for the parties.

(3.) It is the case of the petitioners that they are the absolute owners in possession and enjoyment of the land bearing survey No.80/1, measuring 1 acre 30 guntas, out of 2 acres 8 guntas, situated at Kodagalahatti village, Hunasamaranahalli Post, Jala Hobli, Bangalore, and the said land is purchased by their grandfather from its erstwhile owner through registered Sale Deed dated 22.6.1965. The father of 5th respondent is said to have purchased 31 guntas in the very same Survey No.80/1 through Sale Deed dated 4.11.1970. Thereafter, 5th respondent filed an application to enter his name in the records in respect of 31 guntas. The Tahsildar gave an endorsement stating that revenue entries to an extent of 18 guntas is already entered and there was no land available in Survey No.80/1 for entering 31 guntas and accordingly, rejected the application. Thereafter, the 5th respondent challenged the said order before the 3rd respondent-Assistant Commissioner. The Assistant Commissioner dismissed the appeal. Against the order passed by the Assistant Commissioner, 5th respondent filed Revision Petition No.179/2011-12 before the Deputy Commissioner. The Deputy Commissioner, by the impugned order, allowed the Revision Petition, set aside the order passed by the Assistant Commissioner and remitted the matter to the Tahsildar for fresh consideration in accordance with law. It appears, according to the petitioners, they were not parties before the Assistant Commissioner or the Deputy Commissioner.