BHOJARAJ Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioners are before this Court assailing the order dtd. 18/12/2018 in Revision Petition No.12/2017 passed by the respondent No.1-Deputy Commissioner vide Annexure-E and the order dtd. 22/12/2011 passed by the 3rd respondent-Tahasildar in proceedings bearing No.RTD/CR/30/09-10 vide Annexure-C.

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

(3.) Facts leading to filing of this petition narrated briefly are; petitioners claim that they had purchased 20 guntas of land in R.S.No.58, which totally measures 12 acres situated at Lakamanahalli village of Dharwad taluk and district along with 15 other members under a registered sale deed dtd. 31/1/1921. From the date of said sale deed, the name of the purchaser Annarao Bhimrao Gadagkar, who is the father of the 1st petitioner was entered in the revenue records of the land in question. Annarao Gadagkar is said to have died on 4/7/1977. After his death, the entry in the revenue records of the land in question was transferred in the name of the petitioner No.1 on 16/4/1982 vide M.E.No.2879. The said entries were questioned by the contesting private respondents herein before the Tahasildar in the year 2010 and the Tahasildar by order dtd. 22/12/2011 vide Annexure-C had transferred the entries in the revenue records of the land in question in favour of the contesting private respondents herein without notice to the petitioners. Being aggrieved by the same, the petitioners had filed an appeal under Sec. 136(2) of the Karnataka Land Revenue Act, 1964 before the 2nd respondent vide Annexure-C, who had allowed the appeal and set aside the order passed by the Tahasildar dtd. 22/12/2011. The order dtd. 24/8/2016 passed by the Assistant Commissioner was questioned by the respondent Nos.4 and 5 before the Deputy Commissioner in R.P.No.12/2017 and the Deputy Commissioner had allowed the said revision petition with n observation that the parties are at liberty to get their rights established before the Civil Court over the land in question. Being aggrieved by the same, the petitioners are before this Court.