BASAVARAJ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are before this Court challenging the order passed by the Assistant Commissioner, Dharwad dtd. 27/7/2012 vide Annexure-E and the order passed by the Deputy Commissioner, Dharwad dtd. 16/3/2023 vide Annexure-F.

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

(3.) Facts leading to filing of this petition narrated briefly are; the petitioners claim that the 4th respondent is their joint family member. It is the case of the petitioners that there was a partition between the 4th respondent, father of the 1st petitioner, husband of the 2nd petitioner and father of the 3rd and 4th petitioners in respect of the land bearing Block No.19/1 measuring 3 acres 7 guntas and Block No.19/2A measuring 4 acres 12 guntas situated at Hanamanakoppa village, Annigeri taluk, district Dharwad and pursuant to the said partition, the mutation entries in respect of the lands in question were changed in view of the waradi submitted by the parties to the alleged partition that had taken place in the year 1998. Pursuant to such a waradi, the Jurisdictional Revenue Officer had passed an order dtd. 20/3/1999 in proceedings bearing M.E.No.1782. Assailing the same, the 4th respondent had earlier filed an appeal under Sec. 136(2) of the Karnataka Land Revenue Act, 1964 (for short, 'the Act of 1964') before the Assistant Commissioner and the said appeal was dismissed by order dtd. 24/10/2011 vide Annexure-B. Subsequently, the