KHADARSHA FAQEER Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner herein is legal heir of original petitioner Khadarsha Faqeer S/o Hilal Shah Faqeer, who initiated proceedings before this Court initially in W.P.No.9052/2006 seeking direction to the respondents in the said writ petition to implement the order passed in proceedings No.HBD/KCIA/CR-3/2000-2001 dated 29.06.2000 by 5th respondent-Tahasildar of Humnabad, which was at Annexure-D to the said writ petition. The said writ petition was disposed of by order dated 01.04.2008 in issuing direction to the respondents in the said writ petition to implement the order of Thasildar, Humnabad dated 29.06.2000.

(2.) It is seen that the said order was not implemented. Hence, contempt proceedings was initiated in CCC No.3039/2010 on the file of this Bench wherein an affidavit was filed by the then Thasildar, Humnabad seeking time to implement the said order. Accepting that, the proceedings in CCC No.3039/2010 came to be closed by order dated 04.10.2010. It is also recorded that there is compliance of the order of the Thasildar in mutating the revenue records by showing the land in question in the name of petitioner.

(3.) When this matter is taken up for consideration, it is seen that the Assistant Commissioner, Basvakalyan while considering the appeal in CR 36/2010-11 under Section 136(2) of Land Revenue Act, 1964 has not only set aside the order dated 24.09.2010 with reference to mutation entry No.38/2010-11 he has also set aside the order dated 29.06.2000 passed by the Thasildar of Humnabad in directing restoration of land measuring to an extent of 02 acres 26 guntas in Sy.No.193 of Humnabad in favour of petitioner.