NARAYANAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS writ petition is filed being aggrieved by the order passed by the Deputy Commissioner, bangalore District dated 26-4-2004, confirming the order passed by the Assistant Commissioner, bangalore South Sub-Division, Bangalore, dated 26-4-2003, wherein, the Assistant commissioner in exercise of his power under Section 136 (2) read with Section 25 of the karnataka Land Revenue Act, 1964 has cancelled the grant made in favour of respondents 1 to 4 before him.

(2.) IT is the contention of the petitioners that respondents 1 to 4 before the Assistant commissioner had died. It is their case that respondent 1-T. Muniyappa had died on 19-8-1990, the respondent 2-Krishnappa had died on 2-6-2000, the respondent 3-Muniyellappa had died on 17-6-2000 and respondent 4-Muniyappa had died on 31-10-1999. It is their contention that though respondents 1 to 4 had died, the Assistant Commissioner has proceeded to pass the impugned order on the ground that notice issued to the respondents 1 to 4 were served. The special Deputy Commissioner without application of mind has confirmed the order passed by the Assistant Commissioner.

(3.) I have heard the learned Counsel appearing for the petitioners and the learned Government pleader.