SUMATHI R. BALLAL Vs. DEPUTY COMMISISONER

JUDGEMENT

(1.) The petitioners in the instant writ petition have challenged the order passed in CDS:RRT:SR:69/12-13 dtd. 20/8/2013 by respondent No.2 vide Annexure-C to the writ petition and the order passed in Rev.Petition RAP 121/2013-14 dtd. 15/5/2015 by respondent No.1 vide Annexure-L to the writ petition.

(2.) The lands which are the subject matter of the impugned orders in the present writ petition are situated in Neria village, Belthangady Taluk. The said lands were supposed to have been owned by one Sri Dada Haji Ibrahim Hilary and he sold the same in favour of members of petitioners' family. Subsequent to the sale, respondent No.4 herein raised dispute before the jurisdictional Tahsildar in respect of the revenue entries regarding the said properties, which was dismissed. He and few of his relatives challenged the same before the Assistant Commissioner under Sec. 136(2) of the Karnataka Land Revenue Act, which also came to be dismissed. The same was challenged by way of Writ Petition No.23156 of 2001 by respondent No.4 and some of his relatives, which also came to be dismissed. The dismissal of the said proceedings have the effect of approving the mutation of the lands in the name of different family members of the petitioners. Thereafter, respondent No.4 and few of his relatives filed OS No.26 of 2004 before learned Civil Judge (Sr.Dn.), Puttur, D.K., in respect of the same properties for declaration that they are the owners of the properties, which came to be dismissed for non prosecution. Thereafter, they have once again filed OS No.14 of 2011 before the learned Principal Senior Civil Judge and JMFC, Belthangady regarding the same properties for declaration and possession, which also came to be dismissed. In the meanwhile, at the behest of respondent No.4 herein, respondent No.2 has passed the impugned order in CDS:RRT:SR:69/12-13 dtd. 20/8/2013 vide Annexure-C to the writ petition, which has been upheld by respondent No.1 in his order passed in Rev.Petition RAP 121/2013-14 dtd. 15/5/2015 vide Annexure-L to the writ petition, which has the effect of undoing the orders passed by the Tahsildar and the Assistant Commissioner way back in the years 1998 and 2001 (vide Annexures-E and F to the writ petition) and which have been upheld by this Court in Writ Petition No.23156 of 2001. Aggrieved by the same, the petitioners are before this Court.

(3.) In spite of a counsel representing respondent No.4, he is absent. He was absent even on the previous occasion.