RAVI JALI Vs. DEPUTY COMMISSONER

JUDGEMENT

(1.) The petitioners, in these two writ petitions are before this Court, assailing the order dtd. 13/8/2007 passed by the 1st respondent-Deputy Commissioner in Appeal No.126/2006-07, wherein he has directed forfeiture of the lands in question in favour of the State and enter the name of the State in the revenue records of the said lands.

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

(3.) Facts leading to filing of these writ petitions narrated briefly are; the petitioner in WP No.15593/2007 claims to be the purchaser of the land bearing Sy.No.519/D measuring 91 cents, Sy.No.519/A-B measuring 2 acres 82 cents, Sy.No.520/A measuring 1 acre 65 cents, Sy.No.521 measuring 1 acre 76 cents and Sy.No.654/A measuring 20 cents situated at Kadlebaalu village, Hagaribommanahalli Taluk, Bellary district under a registered sale deed dtd. 28/7/2005 from the 6th respondent namely B.S.Adavi Somaiah. It is his case that, the occupancy rights of the lands in question were granted by the jurisdictional Land Tribunal in favour of the 6th respondent and Form No.10 was also issued in his favour subsequently. Challenging the entries in the revenue records of the lands in question made in favour of the petitioner, on the basis of the aforesaid sale deeds dtd. 28/7/2005, the 5th respondent, who is the original landlord of the lands in question, had preferred an appeal before the Assistant Commissioner under Sec. 136(2) of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as 'the Act of 1964'), which was dismissed. Being aggrieved by the same, the 5th respondent had approached the Deputy Commissioner under Sec. 136(3) of the Act of 1964. In the said proceedings, the Deputy Commissioner has passed the impugned order dtd. 13/8/2007. Being aggrieved by the same, the purchaser of the lands in question has filed WP No.15593/2007, while the original owner of the lands in question namely Javali Kalmatappa has filed WP No.61067/2009.