JOGAD DURGAPPA Vs. NEELAPPA

JUDGEMENT

(1.) The petitioner, who claims to be the owner of the land bearing Sy.No.286/1E measuring 1 acre under a registered sale deed dtd. 28/8/1975, has approached this Court seeking for the following reliefs:

(2.) Heard the learned counsel appearing for the parties and also perused the material available on record.

(3.) Facts leading to filing of this writ petition narrated briefly are, the petitioners' claim that their father namely Durgappa had purchased the land in question under a registered sale deed dtd. 28/8/1975 from one Bharamappa, who is the father of the first respondent herein. It appears that the land bearing Sy.No.286/1 was re-granted to the vendor of the land in question namely Bharamappa under the provisions of the Karnataka Certain Inams Abolition Act, 1977 (for short "the Act of 1977"). Though, the sale deed was executed in respect of the land in question on 28/8/1975, the entries in the revenue records of the land continued in the name of the vendor, since there was no clarity regarding the rights of the re-grantee to alinate the land re-granted in his favour without prior approval from the competent authority. The vendor of the land in question namely Bharmappa is said to have expired in the year 2006. Thereafter, the petitioner as well as the fourth respondent had made applications for transfer of the entries in the revenue records of the land in question in their faovur. The Tahsildar vide order at Annexure-C had rejected the claim of the petitioner and had directed to enter the name of first respondent in the revenue records of the land in question. The said order dtd. 16/2/2011, passed by the Tahsildar was unsuccessfully questioned by the petitioner before the Assistant Commissioner and also before the Deputy Commissioner, who have rejected the appeal and the revision filed by the petitioner. It is under these circumstances, the petitioner is before this Court.