C RAMAIAH Vs. STATE OF KARNATAKA

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 Karnataka Appellate Tribunal dated 30/08/2000 in Appeal no. 122/1999 as per Annexure "e" and the order passed by the Director of Survey Settlement and Land Records in Karnataka, dated 30/11/1998 in Appeal No. 37/1996-1997 as per Annexure "d" wherein an order has been passed to delete the names of Bylappa, son of Byranna and channigappa, son of Dodda Channarayappa from the second re-classification prathi book dated 13/02/1960 in respect of Sy. No. 51 of Kuntanahalli Village.

(2.) IT is the case of the petitioners that they are the sons of Channigappa. The land measuring 11 acres 27 guntas in Sy. No. 51 of Kuntanahalli Village, belongs to Sri. Byranna, son of Sri. Giddappa of Kadanur Village Doddaballapur Taluk, Bangalore Rural District, and the names of bylappa, son of Byranna and Channigappa, son of Doddachannarayappa were entered as joint owners of the said land. However, the fourth respondent in the writ petition B-Ramakrishnaiah, son of Bylappa filed an application before the Assistant Director of Survey Settlement and Land records to remove the name of Channigappa. No notices were issued to the petitioners, who are the legal representatives of Channigapppa, who died in the year 1970 and the Deputy director-respondent No. 3 passed an order on 30/09/1996 allowing the application filed by the fourth respondent and ordered deletion of the name of Channigappa. Being aggrieved by the said order, the petitioners preferred an appeal numbered as Appeal No. 37/1996-97 before the director of Survey Settlement and Land Records-second respondent in the Writ Petition. Respondent No. 4 raised objections regarding the maintainability of the appeal and the Director of survey Settlement and Land Records-second respondent by order dated 30/11/1998 held that appeal was not maintainable. However, he treated it as a revision under Section 56 of the karnataka Land Revenue Act, 1964, and held that the land had been resumed for non payment of land revenue and the application for restoration was pending, even as per the averment made in the appeal memo before the Director, and further on verification of the original records, found that the names of Channigappa and Bylappa son of Byranna had been wrongly entered in the re-survey record and ordered deletion of both the names. Being aggrieved by the said order, appeal 122/1999 was filed before the Karnataka Appellate Tribunal and the Karnataka Appellate tribunal by order dated 30/08/2000 held that the appeal is not maintainable and accordingly dismissed the appeal as not maintainable. Being aggrieved by the said order passed by respondents 2 and 3, the petitioners have preferred this Writ Petition.

(3.) RESPONDENTS 1 to 3 filed statement of objections justifying the orders passed.