VIJAYALAKSHMI Vs. DEPUTY COMMISSIONER GULABARGA

JUDGEMENT

(1.) PETITIONERS, assailing the correctness or otherwise of the impugned order dated 9th October 2006 in proceedings bearing no. REV. RP/42/2004-05 on the file of the first respondent- Deputy commissioner, Gulbarga District, Gulbarga vide Annexure H, the order dated 5th July 2004 in proceedings bearing No. REVROR. MUT/10/2004-05 on the file of the second respondent - Assistant commissioner, Yadgir Sub Division, Yadgir and also the impugned mutation order dated 20th December 1998 bearing mutation order no. 13 on the file of the third respondent -Tahsildar, Yadgir Taluk vide Annexure E, have presented the instant writ petition.

(2.) THE grievance of the petitioners in the instant writ petition is that, the fifth respondent herein had filed an application before the village Accountant herein for sanction of mutation on the ground that, there was a partition between himself and his uncle (Doddappa) late sri. Sharanappa S/o. Bhagappa Yalavara. In the light of the application filed by fifth respondent before the Village Accountant, the Village accountant in turn, has issued the notice as required under the provisions of the Karnataka Land Revenue Act and Rules and that, the said notice has been affixed in the 'chavadi' and waited for thirty days as per the relevant Rules and thereafter placed the report before the fourth respondent, to certify the mutation in favour of fifth respondent. The fourth respondent, in turn has certified the mutation by entering the name of fifth respondent, in respect of Sy. No. 160/aa measuring 03 acres 23 guntas, situate at Mundaragi Village, Yadagir Taluk, gulbarga District. Accordingly, the name of the fifth respondent has been recorded in the record of rights and all other relevant revenue records. Be that as it may.

(3.) IT is the case of petitioners herein that, the first petitioner claims to be one of the daughters of late Sri. Sharanappa and second petitioner claims to be the son of second daughter or grandson of late sri. Sharanappa. Both these petitioners have filed a suit in O. S. No. 82/1996 on the file of the learned Munsiff at Yadgir, Gulbarga District, for declaration of joint ownership and perpetual injunction in respect of five items of land bearing various survey numbers situate at Mundargi village, Yadgir Taluk, more specifically referred in the schedule of the plaint. In the said suit, late Sri. Sharanappa, who was the father of first petitioner and grandfather of second petitioner was defendant no. 1 and petitioners have obtained temporary injunction not to alienate the lands in question and also other lands. The same has been communicated to the Village Accountant, Mundargi on 19th December 1996. In spite of that, the fourth respondent has certified the mutation on 20th December 1998. Assailing the correctness of the said mutation sanctioned by fourth respondent, these two petitioners have filed the appeal before the second respondent - Assistant commissioner, Yadgir Sub Division, Yadgir under Section 136 (2) of the Karnataka Land Revenue Act. The said appeal had come up for consideration before the second respondent on 5th July 2004. The appeal filed by petitioners was dismissed. Assailing the correctness of the order passed by second respondent dated 5 July 2004 vide annexure G, petitioners herein have filed the revision petition before the first respondent - Deputy Commissioner and the first respondent, in turn, after hearing both sides, after considering the material available on record and after going through the orders passed by fourth respondent and second respondent has dismissed the revision petition holding that, if at all petitioners have got any right in the lands as against the fifth respondent herein, they have to establish before the civil Court and therefore, the revision petition filed by petitioners herein was not maintainable. Being aggrieved by the impugned orders passed by respondents, 4, 2 and 1 respectively, petitioners herein felt necessitated to present the instant writ petition.