APPASAB BABAJI DHABADE MAJOR AGRICULTURE Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THIS writ petition under Articles 226 and 227 of the Constitution of India is filed being aggrieved by the order passed by the Deputy Commissioner, Belgaum dated 12. 12. 2001 upholding the order passed by the Assistant Commissioner dated 29. 8. 2001.

(2.) IT is the case of the petitioner that the land comprised in Sy. No. 768/3 measuring 12 acres 30 guntas situated at Raibag was the self-acquired property of Smt. Radhabai w/o. Babaji Dhabade. He has two sons Appasah-the petitioner and Balakrishna. Balakrishna died leaving behind his wife respondent No. 4 and children respondents 5 to 7 and 12 to 14. It is the case of the petitioner that Radhabai had executed a will in favour of the petitioner bequeathing the property in his favour and accordingly application was made for entering the name of the petitioner on the basis of the will. The same was objected by the contesting respondents. The Tahsildar allowed the application, the name of the petitioner be entered on the basis of the will. Being aggrieved by the same, appeal was preferred before the Deputy Commissioner which was allowed by holding that no entry should be made on the basis of the win and it is ordered that name of all the legal representatives of Radhabed shall be entered in the revenue records. Being aggrieved by the same, revision was filed before the Deputy Commissioner, Belgaum, and the same was dismissed by order dated 29. 8. 2001 upholding the order passed by the Assistant Commissioner.

(3.) I have heard the learned Counsel appearing for the parties.