BALAWANT SHIVAJI PATIL Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioner has approached this Court invoking its jurisdiction under Articles 226 & 227 of the Constitution of India with the prayer to quash the order at Annexure-T, dtd. 11/8/2022 passed by the first respondent and the order at Annexure-S, dtd. 11/3/2022, passed by the second respondent.

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

(3.) The land bearing R.S. No.245/1 totally measuring 17 acres and 26 guntas was originally owned by one Shesho Patil of Waghawade Village, who had four sons namely Balavant, Jayawant, Kallappa & Sahadev. The petitioner claims to be the grand son of Balavant, while respondent No.6 is the son of Balavant. After the death of Shesho Patil, the aforesaid land was partitioned between his four sons and the land measuring 6 acres in R.S. No.245/1 was allotted to Jayawant and Sahadev. After the death of Jayawant, the entries in respect of the land in question stood in the names of his son namely Laxman and Anil along with the name of Sahadev. It is the case of the petitioner that the aforesaid Laxman, Anil & Sahadev have relinquished their rights in respect of the land in question measuring 6 acres in R.S. No.245/1 in his favour and based on the same, the revenue entries in respect of the land in question was mutated in the name of the petitioner. The sixth respondent had questioned the same before the Assistant Commissioner by filing an appeal under Sec. 136(2) of the Karnataka Land Revenue Act, 1964 and the said appeal was allowed by the Assistant Commissioner on 11/3/2022. The petitioner had unsuccessfully challenged the said order passed by the Assistant Commissioner before the Deputy Commissioner, who had dismissed the revision petition filed by the petitioner vide the order at Annexure-T, dtd. 11/8/2022. It is under these circumstances, the petitioner is before this Court.