B BHADRAGIRI GOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THIS writ petition is filed being aggrieved by the order passed by the Deputy Commissioner, Bangalore district dated 5. 5. 2003 dismissing the revision and confirming the order passed by the assistant Commissioner, Ramanagaram sub-division, ramanagaram dated 28. 6. 2002.

(2.) IT is the case of the petitioner that me. No. 24/88-89 was effected on the basis of the Panchayat parikatha on 8. 7. 88 however, after the lapse of 14 years, respondents 5 to 7 who are wife and children of respondent No. 8 preferred an appeal which was numbered as RA (LKP) 89/2001-02 on the file of the Assistant commissioner, Ramanagaram sub-division, ramanagaram and the Assistant Commissioner set aside the order passed by the tahsildar mutating the name as per me. No. 24/88-89 and remitted the matter to the Tahsildar by order dated 28. 6. 2002 and being aggrieved by the same, appeal was preferred before the Deputy commissioner, Bangalore Rural District, and the Deputy commissioner in revision by order dated 5. 5. 2003 dismissed the revision. Being aggrieved by the same, the present writ petition is filed.

(3.) THE main contention of the petitioner in the writ petition is that, Assistant Commissioner could not have entertained the appeal after the lapse of 14 years and set aside the entry made in ME. No. 34/88-89 and no reasons are assigned for condoning the delay and delay is condoned without notice to the petitioners who are respondents before the Assistant Commissioner.