T. NARAYANA GOWDA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) Learned Additional Government Advocate takes notice for respondents No.1 and 2. Notice to respondents No.3 and 4 is not necessary for the following reasons;

(2.) Learned Counsel for the petitioner submits that the petitioner purchased the land in question i.e., 30 guntas of land in Sy.No.376 out of 5 acres and 25 guntas situated at Kalloddi village, Kasaba Hobli, Gowribidanur Taluk, Chikkaballapura District, under the registered sale deed dtd. 17/10/2002 at Annexure-C from Sri.Venkatachalapathy, respondent No.3. Learned Counsel submits that although the petitioner made all efforts to have his name entered in the land records on the strength of the registered instrument, his name has not been entered in the land records. Now respondent No.3 has executed a Gift Deed dtd. 25/6/2020 in favour of his Son, respondent No.4, transferring the property including the 30 guntas of land which were sold in favour of the petitioner. The Tahsildar, entered the name of respondent No.4 in the land records on the strength of the Gift Deed dtd. 25/6/2020. No sooner, the petitioner came to know about the mutation order, the petitioner approached the Assistant Commissioner and filed an appeal under Sec. 136(2) calling in question the mutation order passed by the Tahsildar in M.R.No.H.1/2020-21.

(3.) Learned Counsel submits that the petitioner is only seeking a direction to the Assistant Commissioner to consider and dispose of the appeal within a time frame. Learned Counsel submits that during the pendency of the appeal before the Assistant Commissioner, respondent No.4 has sold the property in favour of a third party thereby creating third party rights having full knowledge of the fact that an appeal is pending consideration before the Assistant Commissioner and an interim order of stay was granted by the Assistant Commissioner.