CHINTAMANI VOKKALIGA SANGHA TRUST (R), CHINTAMANI Vs. DEPUTY COMMISSIONER, CHICKBALLAPUR DISTRICT, CHICKBALLAPUR

JUDGEMENT

(1.) IN this writ petition under Articles 226 and 227 of Constitution of India, the petitioners have called in question, the order dated 5 -8 -2011, passed by the first respondent vide Annexure -A.

(2.) BY the impugned order at Annexure -A, the first respondent has set aside the order effecting Phodi and has directed the Tahsildar, Chintamani Taluk, to reconsider the matter by issuing notice to the concerned parties.

(3.) BRIEFLY stated the facts are: The petitioners is a registered Sangha to promote the cause of Vokkaligas in Chintamani Town. The petitioner requested the State Government to grant land for promoting its objects. The Deputy Commissioner, by order dated 26 -3 -1993, granted 4 acres of land in Sy.No.39 of Malappalli Village at the cost of Rs.20,760/ - per acre. The petitioner deposited a sum of Rs.1,03,946/ -. Thereafter, Grant Certificate was issued in favour of the petitioner. Thereafter, the petitioner requested the Revenue Authorities effect Phodi and fix the boundaries. The Revenue Authorities effected the Phodi and fix the boundaries. Sy.No. 39 was renumbered as Sy.No. 125. Thereafter, the Revenue Authorities have conducted survey of Sy.No. 39 and prepared a report behind the back of the petitioner. In the said report, it is stated that the land granted in favour of Smt. Akkayyamma falls within the Durasthi in Sy.No. 125. The respondent 5, the son of Smt. Akkayyamma has filed revision petition before the first respondent. The first respondent by order dated 5 -8 -2011 has allowed the revision petition and set aside the Durasthi (Phodi) and has directed the Tahsildar, Chintamani Taluk, to reconsider the matter by issuing notice to the concerned parties. Therefore, this writ petition.