H B SHIVARAM Vs. DEPUTY COMMISSIONER, CHICKABALLAPUR DISTRICT

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, learned High Court Government Pleader for respondent Nos.1 and 2 and learned counsel for respondent No.3.

(2.) The case of the petitioner is that the land comprised in Survey No.335 (New No.65) measuring 4A.00 situated at Thimmegowdana Hosahalli, Kasaba Hobli, Devanahalli was granted in favour of one Shri Nayakara Basappa bythe Amildar, Devanahalli Taluk during the year 1942-43. That he was in possession and enjoyment of the land and he died during the year 1950. That after his demise, the said land has been regularized by issuing Grant Certificate to his wife Smt. Lagumakka vide No.CD.164/1952-53 dated 11.11.1955. That Shri Nayakara Basapa, the said grantee died issuless and he had three brothers viz., 1. Munichinnappa, 2. Veerappa and 3. Bhadraiah @ Veerabhadrappa. That the petitioners are the grand children of Late Bhadraiah @ Veerabhadrappa.

(3.) That Smt. Lagumakka w/o Nayakara Basappa has alienated an extent of 2A.00 - northern half portion in S.No.35 out of totally extent of 4A.00 to one Veerappa under the sale deed dated 9.4.1956 registered as Document No.44/56-57. Being aggrieved by the alienation of 1956, the third respondent filed an application under Section 5 in the year 2005 before the Assistant Commissioner. The Assistant Commissioner taking into consideration the materials on records, rejected the application. Being aggrieved, third respondent preferred an appeal before the Deputy Commissioner. The Deputy Commissioner was pleased to reverse the order of the Assistant Commissioner. Being aggrieved, the petitioner preferred this petition.