MAYAPPA Vs. MAYAPPA BEERAPPA KURBAR

JUDGEMENT

(1.) THOUGH the matter is listed for preliminary hearing in B group, by consent of both the Learned counsel, the matter is taken up for final disposal.

(2.) THIS is a writ petition filed by the petitioner, seeking writ of certiorari or direction, quashing the order dated nil, July 2003 passed by the 81 Respondent. According to the petitioner, he is the owner of the land bearing Sy. No. 188 situated at Godageri village, Taluk Hukkeri, Belgaum. District, measuring 5 acres 1 gunta. The petitioner himself has approached the Asst Director of land Records to measure the Land and fix the boundaries. The Asst. Director of Land Records passed an order contrary to the existing facts and changed the boundary stones to favour the respondents. Being aggrieved by the said order the petitioner has preferred an appeal before the Deputy Director of Land Records, Belgaum. In turn the Deputy Director of Land Records dismissed the appeal filed by the petitioner, upholding the order passed by the Asst. Director of land Records dated 23/10/99. The Asst. Director of Land Records has taken the measurement on 18/6/ 1999 and has taken the decision on 23/10/1999. Accordingly, the petitioner herein filed a Revision before the Joint Director of Land Records, Belgaum. But without considering the revision petition, the Joint Director gave an endorsement that the revision is not maintainable under Sec. 139 of the K. L. R. Act. Therefore, the petitioner has come up with this writ petition.

(3.) HEARD the arguments of Learned Counsel for the petitioner, Learned Counsel for respondents-2 to 5 and Learned High Court Government pleader for Respondents-6 to 8.