KALAPPA MANAPPA KARMAR Vs. ASST COMMISSIONER HAVERI

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution the petitioner has sought for quashing the order dated 20th September 1988 passed by the Assistant Commissioner, Haveri in RTS:AP. 20/88 Annexure-G. By the said order, the Assistant Commissioner has set aside the mutation entry No. 1393 made in respect of the lands bearing S.No. 73/2B and 73/2A of Yellapur Tarpe Hannathi Village. After setting aside the mutation entry, the Assistant Commissioner has reserved liberty to the petitioner to have the land measured by the Assistant Director of Land Records and get the revenue records corrected according to the measurement.

(2.) The contention of the petitioner is that the appeal was preferred after a lapse of 14 years and there was no application filed for condonation of delay. Therefore the Assistant Commissioner acted illegally in entertaining the appeal. The learned counsel for the petitioner has placed reliance on Rule 16 of the Karnataka Land Revenue Rules, 1966 (hereinafter referred to as the 'Rules') in support of his contention.

(3.) To appreciate this contention, it is necessary to state a few facts.