BHAGYAMMA Vs. B. RAVIKUMAR REDDY

JUDGEMENT

(1.) This intra court appeal emanates from an order dtd. 7/4/2020 passed by Learned Single Judge by which writ petition preferred by the respondents No.1 and 2 has been allowed. In order to appreciate the grievance of the appellants, relevant facts need mention, which are stated infra.

(2.) The appellant No.1 was in unauthorized possession of land measuring 2 acres and 20 guntas, whereas, father of appellant No.2 viz., Anjanappa was in unauthorized possession of land measuring 3 acres and 20 guntas of Sy.No.67 situate at Village Kadiganahalli, Hobli, Bangalore North Taluk. The then Tahsildar, Devanahalli Taluk on 1/2/1978, forwarded a report to Assistant Commissioner, Doddaballapura Sub division proposing regularization of unauthorized possession of appellant No.1 and father of appellant No.2 in respect of land in question. The then Deputy Commissioner by an order dtd. 29/12/1978 granted aforesaid land measuring 2 acres and 20 guntas and 3 acres and 20 guntas in favour of appellant No.1 and father of appellant No.2. Thereafter, a mutation was effected by an order dtd. 7/5/1994 in favour appellant No.1 and father of appellant No.2. However, the Tahsildar, Bengaluru North by an order dtd. 20/10/2003 removed the names of the appellants from the revenue records.

(3.) The appellants challenged the order passed by the Tahsildar in two separate appeals before the Assistant Commissioner who by an order dtd. 3/6/2005 allowed the appeals and directed the Tahsildar to re-consider the case of the appellants. However, the order passed by the Assistant Commissioner was not implemented. Thereupon the appellants filed a writ petition viz., W.P.No.10247/2007, which was disposed of by an order dtd. 2/7/2007 with a direction to consider the representation dated 05.-08.2005 submitted by the appellants and to comply with the directions issued by the Assistant Commissioner.