BEJMI Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioner has approached this Court invoking Articles 226 and 227 of the Constitution of India with a prayer to quash the order Annexure- G dtd. 21/12/2015 passed by the 1st respondent and the order Annexure - F dtd. 9/8/2012 passed by the 2nd respondent.

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

(3.) The father of the petitioners late Sri.Anthony Fernandes had filed Form No.7 claiming occupancy rights of the land bearing Sy. No.218 measuring 10 acres 34 guntas alongwith other items of land situated at Gunavanthe Village, Honnavar Taluk, Uttara Kannada District. The Land Tribunal while granting occupancy rights of certain items of land in favour of the original claimant had only granted occupancy rights in Sy. No.218 to the extent measuring 34 guntas. In the year 2009, the petitioners herein had made an application before the Tribunal to review its order passed in the year 1981, wherein occupancy rights of the land bearing Sy. No.218 was granted only to the extent measuring 34 guntas while the claim was made in respect of 10 acres 34 guntas. The said application filed by the petitioners was rejected by the Land Tribunal and the petitioners unsuccessfully challenged the said order passed by the Land Tribunal before this Court in W.P. No.111292/2015 and also in W.A. No.101135/2016. In the meanwhile, the respondent Nos.4 to 7 who are the legal representatives of the original landlord Sri.Gabriel Gonsalves had filed an appeal before the Assistant Commissioner challenging the mutation entry in respect of the land in question measuring 10 acres in Sy. No.218 on the ground the entry in the name of State is wrongly continued inspite of the claim made by the tenant for grant of occupancy rights being rejected by the Tribunal. The Assistant Commissioner had entertained the said appeal and vide order Annexure - F dtd. 9/8/2012 had allowed the said appeal and directed the jurisdictional Revenue Officer to delete the name of the State in the revenue records of the land bearing Sy. No.218 measuring 10 acres and enter the name of the respondent Nos.4 to 7. The appeal filed by the petitioners against the said order dtd. 9/8/2012 passed by the Assistant Commissioner was dismissed by the Deputy Commissioner vide Annexure - G dtd. 21/12/2015. Being aggrieved by the same, the petitioners are before this Court.