SRIPAD EKANATH GAONKAR Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner challenging the order dated 25. 7. 1996 passed by the respondent Assistant Commissioner in case LRM. AP. CR 95/95-96.

(2.) THE brief facts leading to this case are that the land bearing survey No. 98/a measuring 1 acre 17 guntas 8 annas of Hanehalli village, Kumta taluk was granted by Land Tribunal to one Devu Honnappa Gowda and the occupany rights was issued to him on 25. 5. 1981 as per Annexure-A. The petitioner herein was looking after Devu Honnappa Gowda therefore he made a registered will bequeathing some portion, i. e. , 82 ft x 66 ft. , of the said survey number in favour of the petitioner under a registered will dated 9. 4. 1985. Thereafter, pursuant to the said will the petitioner's name was incorporated in the record of rights. But respondent-Asst. Commissioner issued notice to the petitioner as well as Devu Honnappa Gowda under Section 61 of the Karnataka Land Reforms Act stating that the Devu Honnappa Gowda has violated Section 61 of the Act by transferring a portion of the land in favour of the petitioner. To this the petitioner has given reply. Thereafter by order dated 25. 7. 1996 the respondent herein has passed order for vesting of the land granted to Devu Honnappa Gowda. Therefore the petitioner has challenged the said order in this writ petition.

(3.) HEARD Learned Counsel for the petitioner and the learned High Court Govt. Pleader for the respondent.