ERAMMA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) Petitioner, being aggrieved by the order dated 9th October 2006 passed in proceedings bearing No. REV/RP/50/2004-05 on the file of the first respondent vide Annexure-D, has presented the instant writ petition. Further, petitioner has sought for a direction, directing the respondents 3 to 5 to enter the name of petitioner in the record of rights in respect of the land in Sy. No. 167/1 measuring 16 acres 12 guntas situate at Madiyal Village, Aland Taluk, Gulbarga District.

(2.) The facts of the case of petitioner is that, the husband of petitioner late Sri Eranna Yelki was the absolute owner of the land bearing Sy. No. 167/1 measuring 16 acres 12 guntas situate at Madiyal Village, Aland Taluk, Gulbarga District. After the death of the husband of petitioner, petitioner and the sixth respondent jointly filed the application for sanctioning the mutation entry and certification of the same and to enter the name of petitioner and sixth respondent jointly in all the revenue records including the RTC. The joint application filed by petitioner and sixth respondent were considered by the fifth respondent and the names of petitioner and sixth respondent were jointly entered in the relevant records after approval from the fourth respondent in Mutation No. 114 dated 30th December, 2000. Be that as it may.

(3.) The seventh respondent has filed the application for entering the name of seventh respondent, exclusively in all the revenue records, on the ground that, he is the legal heir of deceased Sri. Eranna Yelki. The said application has been entertained and mutation has been certified on 23rd April, 2001 in Mutation No. 127 by deleting the names of petitioner and sixth respondent and by entering the name of seventh respondent exclusively in respect of the land in question. Being aggrieved by the said order passed by the fourth respondent dated 23rd April, 2001 in Mutation No. 127, petitioner herein filed an appeal before the Assistant Commissioner, Gulbarga Sub-Division, Gulbarga, under Sub-section (2) of Section 136 of the Karnataka Land Revenue Act. The Assistant Commissioner, in turn after hearing both sides and after giving substantial opportunity, as referred in his order, has allowed the appeal filed by petitioner and set aside the order dated 23rd April, 2001 in Mutation No. 127 and further directed to enter the name of petitioner and sixth respondent jointly and directed the parties to approach the Civil Court for adjudication of their respective rights regarding the title of the land in question by its order dated 26th June, 2004. Being aggrieved by the said order in Appeal No. 21/2001-02 passed by the Assistant Commissioner, Gulbarga - second respondent herein, respondents 6 and 7 have filed the revision petition before the Deputy Commissioner, Gulbarga - first respondent herein. The said revision petition filed by respondents 6 and 7 was allowed and the order passed by Assistant Commissioner dated 26th June, 2004 was set aside and the order dated 24th March 2001 in Mutation No. 127 has been restored, directing to enter the name of the seventh respondent exclusively in the record of rights by his order dated 9th October, 2006. Being aggrieved by the impugned order passed by the first respondent, as referred above, vide Annexure-D, petitioner herein felt necessitated to present the instant writ petition.