GANGAMMA Vs. GOVERNMENT OF KARNATAKA VIDHANA SOUDHA

JUDGEMENT

(1.) Writ petitioner claims to have succeeded to the property, an agricultural land measuring 2 acres 16 guntas in Sy No 64 of Bhuthanahalli village, Jigani hobli, Anekal taluk in Bangalore district.

(2.) It is the case of the petitioner that this extent of land had been initially granted to one Gidda Bhovi s/o Munivenktappa; that her husband also by name Munivenkatappa is the brother of Gidda Bhovi; that the brothers were living together and the subject land was being treated as family property and enjoyed by both brothers; that Gidda Bhovi, who had been granted this land by government on 10-12-1960, had died without any issues and was survived only by his brother Munivenkatappa; that Munivenkatappa continued to be in possession and cultivation of the land along with his wife, the writ petitioner; that the husband of the petitioner also died and following this, petitioner had sought for change of khata in her name in respect of subject land; that it had been so changed in proceedings No IHC 8/1986-87 and the petitioner has continued in exclusive possession and cultivation of the land and khata stood in her name as per the succession to the land which had been originally granted in favour of Gidda Bhovi.

(3.) It appears, the tahsildar, Anekal taluk reported to the deputy commissioner urging to take action under Section 136(3) of the Karnataka Land Revenue Act, 1964 [for short, the Act], as he was of the opinion that revenue entries in the name of petitioner in respect of the subject land as per IHC No 8/1986-87 are not sustainable, as the land had not been transferred by the original grantee during his life etc. and the tahsildar had made a report to the deputy commissioner for holding an enquiry under Section 136(3) of the Act and to take necessary steps for correction of the revenue entries.