D S BASAVEGOWDA Vs. DEPUTY COMMISIONER MYSORE DISTRICT

JUDGEMENT

(1.) THIS Writ Petition is filed beting aggrieved by the order passed by the Deputy Commissioner, Mysore District, Mysore dated 20-12-2004.

(2.) IT is the case of the petitioners that they made an application to enter their names in place of respondents 4 to 8 in respect of Sy. No. 63,67,68 and 78 measuring 3 acres, 5 acres 3 guntas, 6 acres 20 guntas and 8 acres 7 guntas respectively and the Tahsildar ordered to enter the name of the applicants-petitioners. Being aggrieved by the same, appeal was preferred before the Assistant Commissioner, hunsur Sub-Division, Hunsur and the Assistant Commissioner held that parties have to approach the Civil Court and obtain an order of declaration and accordingly, passed the order on 11/07/2002. Being aggrieved by the same, respondents 4 to 8 preferred revision before the Deputy Commissioner and the Deputy Commissioner has held that since the name of respondents 4 to 8 has already been entered in the year 1960-61 and since it is the petitioners who are asking for change of entry, it would be appropriate that the petitioners are directed to obtain necessary declaration from the civil Court and make an application for change of entry and accordingly allowed the revision and set aside the order passed by the Assistant Commissioner, Hunsur and directed the petitioners to approach the Civil Court and obtain declaration of right in respect of the above said lands. Being aggrieved by the same, this Writ Petition is filed.

(3.) I have heard the Learned Counsel appearing for the petitioners, the Learned Counsel appearing for respondents 4 to 8 and the Learned High Court Government Pleader appearing for respondents 1 to 3.