HANAMAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned Additional Government Advocate accepts notice for respondents 1 to 4.

(2.) Petitioner herein is challenging the order dtd. 24/1/2022 passed in No. RTS/RA/32/2016-17 (Annexure-K) passed by the respondent No.3 and order dtd. 25/11/2022 passed in RP No.34 of 2022 (Annexure-L) by the respondent No.2.

(3.) The relevant facts for adjudication of this writ petition are that one Sannahullappa had two children viz. Hanumappa (petitioner No.1) and Yellappa. Yellappa died leaving behind petitioners 2 to 7 as his legal heirs. Perusal of the record would indicate that the said Sannahullappa (father of the petitioner No.1) and grandfather of petitioners 2 to 7 has sold the schedule property to the father of the respondent No.5 herein by registered sale deed dtd. 3/5/1956. It is also forthcoming from the writ papers that petitioner No.1 herein has filed Original Suit No.213 of 2017 before the Principal Civil Judge and JMFC, Badami, seeking partition and separate possession in respect of the subject land including the land in question in the present writ petition. Respondent No.5 herein has filed appeal under Sec. 136(2) of Karnataka Land Revenue Act, before the Assistant Commissioner, Bagalkot and by order dtd. 24/1/2022 (Annexure-K), the Assistant Commissioner accepted the appeal and as such, directed the Tahsildar to change the entry in the mutation register and the same was questioned by the petitioners herein before the respondent No.2 herein and the respondent No.2, by order dtd. 25/11/2022, dismissed the Revision Petition filed by the petitioners herein and feeling aggrieved by the same, the present writ petition is filed by petitioners.