KEMPAMMA W/O. LATE CHIKKASHANKARAPPA Vs. THE DEPUTY COMMISSIONER, THE ASST. COMMISSIONER, THE TAHSILDAR MULABAGILU TALUK AND SRI SHANKARAPPA S/O. MUNIYAPPA

JUDGEMENT

(1.) THE petitioner is challenging the order passed by the Assistant Commissioner in R.A. No. 149/1996 -97 dated 19,05.2008 and also the order passed by the Deputy Commissioner in No. RA/117/2005 -06 dated 05.04.2008 and sought for quashing the same.

(2.) THE petitioner preferred an appeal before the Assistant Commissioner against the revenue entries made in MR No. 344 -2/95 -96 and 344 -3/95 -96. The Assistant dispute between the petitioner and the 4th respondent is civil in nature, hence in order to sort out the dispute, they have to approach the competent civil Court. Further, the Assistant Commissioner has held that the entries made in the revenue records is on the basis of the sale deed dated 09.09.1970. The sale deed has been executed by Shamanna and his brother Narayanappa. Against the order passed by the Assistant Commissioner, the petitioner preferred a revision before the Deputy Commissioner, Kolar District After issuance of notice and after verifying the entire records, the Deputy Commissioner has affirmed the older passed by the Assistant Commissioner. Hence this petition.

(3.) THE second contention of the petitioner is that till 1983, the land was in the possession of mortgagee and hence no right could have been transferred in favour of the 4th respondent and all these things have not been gone into by the Assistant Commissioner or the Deputy Commissioner.