R GOVINDA NAIKA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THIS writ petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner being aggrieved by the order passed by the Assistant Commissioner, Kollegal sub-division, Kollegal in R. A. No. 37/2000-01 dated 8th June 2001, wherein on the complaint filed by Smt. Nagamadamma and 12 others, the same is treated as an appeal and the appeal is allowed and MR No. 2/1999-2001 is set-aside and is directed to file an appeal against the decree passed in O. S. No. 329/1998 and 189/1997 and to hold an enquiry in terms of the directions issued in Writ Petition No. 6954/1997 passed by this Court.

(2.) IT is the case of the petitioner that the petitioner was not made as a party to the proceedings before the Assistant Commissioner and the mutation entry which has been made in favour of the petitioner on the basis of a valid decree by the Civil Court has been set-aside without notifying the petitioner and the said order is wholly without jurisdiction and is liable to be set-aside.

(3.) OBJECTIONS statement have been filed by respondents-4 to 16 contending that the case made out by the petitioner is false and decree has been obtained by making misrepresentation and wherefore, the Assistant Commissioner admitted the complaint as an appeal and has rightly set-aside the MR. No. 2/1999-2000 and has only directed that an appeal shall be preferred against the decree in O. S. Nos. 329/1998 and 189/1997 and to comply with the direction issued in Writ petition No. 6954/1997 dated 30th July 1998 and wherefore, the impugned order does not call for interference in this writ petition.