PAPA REDDY A Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE petitioner is before this Court assailing the revenue entries indicating the name of Sri Avala Reddy, in respect of Janjar No.4, Property No.4/1 and Janjar No.79, Property No.50 situate at Byagadadenahalli, Kasaba Hobli, Anekal Taluk, Bangalore.

(2.) THE case of the petitioner is that he is in possession and enjoyment of the residential property bearing No.4/1 and vacant site bearing No.50 situate at Byagadenahalli, Kasaba Hobli, Anekal Taluk, Bangalore. The same is claimed to be the ancestral property of the petitioner to which he has succeeded. The contention of the petitioner is that Sri Narayan Reddy and Sri Chandra Reddy who had no manner of right, title and interest in the property had sought for mutation entries in that regard. The earlier suits filed in O.S.No.78/2003 wherein the said persons had filed the suit and failed, has also been referred to. In that context, the said Sri Narayan Reddy and Sri Chandra Reddy were putting up certain construction based on such khatha entries. The petitioner herein instituted an appeal before the third respondent. The third respondent by the order at Annexure-C has arrived at the conclusion that the said Sri Naryana Reddy and Sri Chandra Reddy have not made out any right to the said property. Though such observation had been made, the third respondent has not arrived at a conclusion with regard to the right of the petitioner herein. Notwithstanding the manner of disposal of the appeal, the Grama Panchayat has thereafter changed the revenue entries by rounding off the name of Sri Narayana Reddy and Chandra Reddy and in effect have recorded the name of their father instead of the petitioner who was claiming right in respect of the property. It is in that circumstance, the petitioner is aggrieved by the said revenue entries at Annexures-A and B and has assailed the same before this Court.

(3.) HOWEVER , considering that the change made by the Grama Panchayat is only to the effect to indicate that the name of the deceased father of the said Narayan Reddy and Chandra Reddy, the grievance insofar as the revenue entries as made out by the petitioner still survives. Therefore, in that circumstance though at this juncture, the revenue entries as retained by the Grama Panchayat need not be gone into, a perusal of the order at Annexure-C would disclose that the third respondent has not applied his mind to the fact situation pleaded therein and the right of the petitioner has not been decided in his favour or otherwise, though the third respondent has arrived at the conclusion that the respondents No.2 and 3 before him are not entitled to the said property.