LAWS(KAR)-2023-7-39

SHAKUNTALA Vs. DEPUTY COMMISSIONER

Decided On July 13, 2023
SHAKUNTALA Appellant
V/S
DEPUTY COMMISSIONER Respondents

JUDGEMENT

(1.) The petitioners have approached this Court in the instant writ petition challenging the order Annexure-C dtd. 24/11/2016 passed by the 1st respondent-Deputy Commissioner in proceedings bearing No.RB/LRAP/PODI-07/2012-13.

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

(3.) Facts leading to filing of this writ petition narrated briefly are; the father of the petitioners under three separate registered sale deeds, had totally purchased the land measuring 5 acres 10 guntas in property bearing R.S.No.280/A situated at Jatrat village of Chikkodi taluk, out of the total extent of 24 acres 32 guntas. The entries in the revenue records of the land in question, which was the subject matter of registered sale deeds were mutated in the name of the petitioners' father and thereafter the 3rd respondent-Tahasildar had effected sub-division of the lands purchased and had assigned R.S.No.280A/1, R.S.No.280A/1/1A and R.S.No.280A/1/1B for the three properties, which were purchased under the three registered sale deeds by the petitioners' father. The sub-division so effected by the 3rd respondent-Tahasildar was challenged by the contesting private respondents before the 2nd respondent and the said appeal was dismissed on 28/3/2012. As against the same, the contesting private respondents had preferred an appeal before the Deputy Commissioner, who had allowed the appeal and had set aside the orders passed by the 2nd and 3rd respondents and has observed that the entries in the revenue records of the lands in question would be subject to civil suits pending before the jurisdictional Civil Court. Being aggrieved by the orders passed by the Deputy Commissioner, the petitioners are before this Court.