NAIDU K.V. Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) In this writ petition, the petitioner is assailing the Mutation Order dtd. 26/5/2022 bearing No.RRT/Y/CR/29/2022-23 (Annexure-H) passed by the respondent No.3, order dtd. 16/1/2024 in R.A(YKL) 631/2022 (Annexure-N) passed by respondent No.2, and order dtd. 24/2/2025 in R.P.No.155 of 2024 (Annexure- P) passed by respondent No.1 as illegal, inter-alia sought for a direction to the respondents to transfer khata in favour of the petitioner in respect of subject land.

(2.) Relevant facts for the adjudication of this writ petition are that, the petitioner claims to be the owner in possession of the land bearing Sy.No.102/3, measuring 04 acres, 15 guntas of Kogilu Village, Yalahanka Taluk. It is further stated in the writ petition that, one Smt. Mehra Mehta had executed General Power Attorney in favour of petitioner on 10/2/1998 (Annexure-A) to deal with the subject land in question. It is also stated that, petitioner being General Power Attorney holder, represented before the Land Tribunal and the Land Tribunal by order dtd. 21/6/2003 (Annexure-B), passed an order by forfeiting the land of the executant (Smt. Mehra Mehta) except land bearing Sy.No.102/P-1 of Kogilu village. It is further stated that, the khata of the schedule land was transferred in MR No.7 of 2003-04 (Annexure-C) pursuant to the order of Land Tribunal. It is also stated that, on 7/3/2007, the General Power Attorney holder-petitioner has sold the property in favour of one Sri. K.C. Naidu, as per Annexure- D. Therefore, it is stated that, Sri. K. C. Naidu, became owner of the land in question. The said K. C. Naidu has filed appeal in RA(BNA)No. 253 of 2011-12 before the respondent No.2-Assistant Commissioner, challenging the MR No.07/2003-04 and the respondent No.2 by order dtd. 30/6/2014, allowed the appeal and directed the respondent No.3-Thasildar to transfer the revenue records in favour of the petitioner herein. In the meanwhile, father of the petitioner-K.C.Naidu died on 9/3/2018 leaving behind the petitioner. It is further stated in the petition that, the revenue authorities have effected phodi in respect of subject land. In the meanwhile, the respondent No.3, vide Annexure-G, dtd. 1/10/2021 rejected the application with regard to transfer of khata stating that khata cannot be transferred based on the Will, said to have been executed by Smt. Mehra Mehta in favour of respondent No.4. It is the grievance of the petitioner that, the respondent No.3, ought to have transferred mutation in favour of the petitioner, however, Thasildar, illegally, entered the name of the respondent No.4 in MR No.H-26 dtd. 26/5/2022 (Annexure-H). It is the case of the petitioner that, respondent No.4 is not a legal heir of Smt. Mehra Mehta and further the petitioner has filed suit in OS No. 1192 of 2022 seeking permanent injunction against the defendants therein and copy of the interim order dtd. 15/7/2023 is produced at Annexure-M. Criminal cases are pending consideration before the competent court between the parties in respect of subject land. The respondent No.2- Assistant Commissioner, by order dtd. 16/1/2024 (Annexure-N) has rejected the appeal preferred by the petitioner in RA (YLK) No.631 of 2022 wherein, challenge was made to MR No.H-26/2021-22. Being aggrieved by the same, the petitioner has preferred RP No. 155 of 2024 before the respondent No.1-Deputy Commissioner and the said Revision Petition came to be dismissed.

(3.) Being aggrieved by the same, the petitioner has presented this writ petition.