UPPAR ERANNA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THE petitioner, assailing the correctness of the order dated 25.6.2007 passed in appeal bearing No. 96/2006-07 by the 1st respondent vide Annexure-G and the order dated 24.6.2006 passed by the 2nd respondent in appeal No. 108/2005-06 vide Annexure-F and order dated 9.5.2005 passed in MR No. 56/2004-05 by the 6th respondent vide Annexure-E, has presented this writ petition. Further, petitioner has sought to direct the respondents-1 to 4 to change the katha in favour of the petitioner as per the sate deed dated 17.4.1985 bearing No. 232/85-86 vide Annexure-A and to declare that the petitioner as the absolute owner of the land bearing Survey No. 175, measuring 6 Acres 18 guntas, situate at Sanjeevarayanakote, Bellary.

(2.) THE grievance of the petitioner in the instant case is that, petitioner is claiming that he has purchased the land in Sy.No. 175 measuring 6 Acres 18 guntas, situate at Sanjeevarayanakote, Bellary Taluk by way of registered sale deed bearing No. 232/1985-86 dated 17.4.1985 from one Smt. Rindamma for a valuable consideration. In pursuance of the said registered sale deed, his name has been certified by the jurisdictions competent authority and recorded in the relevant record of rights. When things stood thus, the 6th respondent herein claiming her right on the basis of alleged agreement of sale executed by deceased Smt. Rindamma the vendor of the petitioner dated 21.1.2000, has filed a suit for specific performance against Smt. Rindamma in OS No. 90/2003 before the Principal Civil Judge (Sr. Dvn.) Bellary. THE said suit has been decreed and petitioner is not a party to the said proceedings. By virtue of the said judgment and decree, 6th respondent has filed an Execution petition in the Execution Petition No. 319/2004 and the same was disposed of. THEreafter, 6th respondent has filed her application before the jurisdictional competent authority for sanctioning the mutation and recording her name in the relevant revenue records. THE said application has been considered and mutation has been sanctioned in her favour on 9.5.2005 in MR No. 56/04-05 by the jurisdictional competent authority, without issuing notice and without giving reasonable opportunity to the petitioner and changed the katha in favour of 6th respondent Assailing the correctness of the said order passed by the jurisdictional competent authority, petitioner has filed an appeal before the 2nd respondent-Assistant Commissioner, Bellary in appeal No. 108/2005-06. THE said appeal had come up for consideration before the 2nd respondent on 24.6.2006. THE 2nd respondent has rejected the appeal filed by petitioner and confirmed the order passed by the jurisdictional competent authority. Being aggrieved by the order passed by the 2nd respondent and the jurisdictional competent authority, petitioner has filed a revision before the 1st respondent-Deputy Commissioner, Bellary in Revision/appeal No. 96/2006-07. THE said matter had come up for consideration before the first respondent on 25.6.2007. THE first respondent, after going through the order passed by the jurisdictional competent authority and the 2nd respondent-Assistant Commissioner, Bellary has dismissed the said revision petition. Being aggrieved by the impugned orders passed by all the three authorities i.e. respondents-1,2 and 4 respectively, petitioner felt necessitated to present this writ petition seeking appropriate relief.

(3.) HAVING regard to the facts and circumstances of the case as stated above, the writ petition filed by petitioner is allowed. The impugned order dated 25.6.2007 passed in appeal bearing No. 96/2006-07 by the 1st respondent vide Annexure-G; the order dated 24.6.2006 passed by the 2nd respondent in appeal No. 108/2005-06 vide Annexure-F and order dated 9.5.2005 passed in MR No. 56/2004-05 by the 4th respondent vide Annexure-E, in so far as petitioner's claim is concerned, are hereby set aside. Matter stands remitted back to the 2nd respondent for reconsideration afresh, with a direction to take appropriate decision in accordance with law and in strict compliance of the mandatory provisions of the Karnataka Land Revenue Act and Rules, after affording reasonable opportunity to the petitioner and 6th respondent and dispose of the same, as expeditiously as possible, within a period of four months from the date of receipt of a copy of this order. All other contentions urged by both the parties in this writ petition are left open.