SHIVAGANGAVVA Vs. DEPUTY COMMISSIONER DHARWAD

JUDGEMENT

(1.) THE petitioner, assailing the correctness of the impugned order dated 15-2-2005 passed by third respondent in No. RTDC:cr:9:2004-05; order dated 17-1-2006 passed by second respondent bearing No. RTS:ap: 159:2004-05 and order dated 7-7-2007 passed by first respondent bearing No. RTS:rs:cr:77:2005-06 vide Annexures-A, b and C respectively, has presented this writ petition.

(2.) THE grievance of petitioner in this writ petition is that, petitioner is a widow of bhimappa, who was the owner of lands bearing sy. Nos. 38/2, 103/2 and 16/1+2, totally measuring about 18 Acres 7 Guntas, situate in Kubihal village. The said lands were ancestral properties of late Sri. Bhimappa, who died intestate on 17-12-2003 leaving behind the petitioner and daughter Bangarewwa as legal heirs. 4th respondent after the death of sri. Bhimappa has filed an application before the Village Accountant for sanction of mutation regarding his claim, in the relevant record of rights and other revenue records on the strength of an alleged registered Will dated 9-10-2003 executed by late Sri. Bhimappa. After the receipt of the notice, petitioner has filed objections disputing the execution of will and requested not to effect mutation based on the said Will. The 3rd respondent without considering the objections filed by petitioner properly and without taking a decision in strict compliance of the relevant provisions of the karnataka Land Revenue Act and Rules, has accepted the application filed by 4th respondent and passed the impugned order vide annexure-A dated 15-2-2005. Assailing the correctness of the order passed by 3rd respondent dated 15-2-2005 vide Annexure-A, petitioner has filed an appeal before the 2nd respondent. The Assistant Commissioner, dharwad District, Dharwad, under sub-section (2) of S. 136 of the Karnataka Land Revenue Act. The said matter had come up for consideration before the 2nd respondent on 17-1-2006. The 2nd respondent has dismissed the appeal and confirmed the order passed by 3rd respondent. Being aggrieved by the impugned order passed by respondents-2 and 3, petitioner herein has filed a revision, before the first respondent-the Deputy Commissioner, dharwad District, Dharwad, under sub-section (3) of S. 136 of the Karnataka land Revenue Act in proceeding No. RTS:ra:cr:77:2005-06. The said matter had come up for consideration before the first respondent on 7-7-2007. The first respondent has dismissed the revision petition filed by petitioner and confirmed the order passed by 2nd respondent. Being aggrieved by the impugned orders passed by all the three authorities as referred above, petitioner felt necessitated to present this writ petition, seeking appropriate relief.

(3.) I have heard learned counsel appearing for petitioner, learned counsel appearing for 4th respondent and learned Additional Government advocate for respondents 1 to 3.