THIMMARAYAPPA Vs. COMMR CORPN OF BANGALORE

JUDGEMENT

(1.) This petition concerns with the power of the Commissioner of the Corporation of the City of Bangalore to review the order made by the Revenue Officer or the Asst Revenue Officer, in matters pertaining to the change of 'Khata'.

(2.) The master arises in this way: Certain properties at Bangalore, which originally belonged, to 'Solur Thimmarayappa', were, registered as Trust Properties. After the death of Solur Thimmarayappa, the 'Khata' of the properties was changed in the names of his two sons-Muni Venkatappa and Kenchappa. Upon their death, the heirs of Muni Venkatappa tried to meddle with the properties on the ground that the properties were divided between their predecessors-in-title under a registered partition deed d/ 14-12-1925. But, the heirs of Kenchappa disputed the alleged partition. So, the heirs of Muni Venkatappa approached the Commissioner for a change of 'Khata ' in their names in accordance with the alle partition. The Asst Revenue Officer, to whom the power to change the 'Khata' has been delegated, made an order dl 3-3-72 proposing to change the 'Khata' as prayed for and ivited objections from the other parties. Against the said proposal, one S. G. Shivaram (respondeAt-6 herein) filed a detailed objection before the Commr. The Commr forwarded the objection to the Revenue Officer who, in turn, transmitted the same to the Asst Revenue Officer. The Asst Revenue Officer, without heading the parties, made an order d/ 24-10-72 directing the bifurcation of the properties in the names of S. M. Thimmarayappa and S.T.Thimmaiah on the strength of the decision of the Dist Judge, Balngalore, in OS.59 of 1960, and asking the parties, if aggrieved, to approach the competent Court to establish their rights.

(3.) Respondent-6. evidently, without the knowledge of the order made by the Asst Revenue Officer, repeatedly made representations to the Commissioner to dispose of his objection. Finally, the Commr acceded to his request and heard all the contending parties and made an order dated 20-3-1975 canceling the order of the Asst Revenue Officer and sanctioning the 'Khata' only in the name of the 'Dharma Chatra', namely, 'Solur Thimmarayappa Dharma Chatra'. The Commr also reserved liberty to the parties to have a final adjudication on the matter by a properly constituted suit. Calling into question the validity of the order of the Commr, the petitioners have approached this Court for relief under Art.226.