APPAJI GOWDA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Dispute relates to mutation of S. No. 3/3 situate a Channasandra Village. Assistant Commissioner, by his order, dated 3rd April 1984, after setting aside entry made in favour of one Kempaiah directed fresh disposal after notifying interested parties. Deputy Commissioner, in revision presented by third respondent, has set aside an order of Assistant Commissioner and directed that entry as it stood be continued till rights of parties are adjudicated by competent Civil Court.

(2.) Main ground of attack by Sri Mohandas N. Hegde, Learned Counsel for petitioner, is that revision as against an order of Assistant Commissioner is not maintainable ; hence, order of Deputy Commissioner is null and void and without jurisdiction.

(3.) Section 127 of the Karnataka Land Revenue Act (hereinafter referred to as the 'Act') provides for recording rights of parties in revenue records of persons holding land, occupants, owners, mortgagees, landlords or tenants or assignees etc. Section 129 provides for adjudication of disputes regarding entry. Sub-section (4) of Section 129 provides for disposal of objections and Sub-section (6) of Section 129 provides for verification of correctness of entry and to be certified by the Officer, as may be prescribed. Under Sub-section (2) of Section 136(2) of the Act an appeal lies as against an order made under Sub-sections (4) or (6) of Section 129 to the prescribed authority and order made on appeal is final. Sub-section (3) of Section 136 enables Deputy Commissioner to revise an order made under Sections 127 and 129 and to pass such orders as he deems fit. Orders under Sections 127 and 129 of the Act relate to entry in mutation register. Order passed by Assistant Commissioner on appeal under Sub-section (2) of Section 136 being an order in respect of a dispute under Section 129, it squarely falls within the scope of revisable order under Subsection (3) of Section 136 by Deputy Commissioner. Hence, there is no substance in the plea that orders made under Sub-section (2) of Section 136 of the Act are not revisable by Deputy Commissioner.