GANGAMMA Vs. DEPUTY COMMISSIONER TUMKUR DISTRICT

JUDGEMENT

(1.) This writ petition is filed by the petitioners seeking directions in the nature of writ of certiorari quashing the impugned order at Annexure 'L' dated 5.3.2002 passed by the Deputy Commissioner, Tumkur, whereby the Deputy Commissioner set aside the order of the Asst. Commissioner, Tiptur, in RP48/2000-2001.

(2.) The petitioners have come up before this Court mainly on the ground that 1st petitioner is non other than the daughter of late. Ningaiah and the 2nd petitioner is taken as illatom son-in-law long back from the family of late. Hutchana. Late. Chikkaiah was, owning 12 Guntas of land in Sy. No. 69/3 measuring of Kodihalli, Honnavalli Hobli, Tiptur Taluk, as illatom son-in-law of late. Ningaiah, who was looking after the family property and therefore, an agreement was executed on 24.2.1979 by Hutchanna and respondent No.3/Chikkanna wrongly showing the land as Sy.No.69/4 and to that effect an agreement was made on 24.2.1979. Since the petitioners were in possession and enjoyment of the said land, they have approached the revenue authorities seeking mutation of 12 Guntas of land. Accordingly, the Tahsildar effected the mutation which was challenged by respondent No.3 before the Asst. Commissioner and the appeal No. 35/99-2000 filed by respondent No.3 came to be dismissed. Therefore, respondent No.3 preferred R.P.No. 48/2000-2001 before the Deputy Commissioner and the Deputy Commissioner set aside the review petition as per Annexure 'L'. Therefore, aggrieved by the said order, petitioners have come up with this writ petition praying to quash Annexure 'L' passed by the 1st respondent/Deputy Commissioner.

(3.) Heard the arguments of the Learned Counsel for the petitioners, Learned Counsel for respondent No.3 and the learned Addl. Govt. Advocate for respondents 1 and 2.