SIDDARAMU S/O SRI KOMARAIAH Vs. THE ASSISTANT COMMISSIONER AND PRESCRIBED AUTHORITY, TAHSILDAR AND SMT. G. CHINTAMANI S/O. JAYARAM

JUDGEMENT

(1.) THE petitioner is before this court assailing the Official Memorandum dated 20.09.2008 in No. RRT(2)CR 290/2008 -09 and the order dated 11.08.2009 in No. R.Mis.250/2008 -09. The said orders are impugned at Annexures 'D' and 'K' to the writ petition.

(2.) THE case of the petitioner is that he has filed Form No. 7 -A seeking grant of the land measuring 1 acre 13 guntas in survey No. 533 of Srirangapattana village, Kesaba Hobli. At the first instance the Assistant Commissioner had granted the land in favour of the petitioner. Subsequently the respondents herein questioned the same before the Appellate Tribunal, the same also ended in a writ petition before this court, insofar as the proceedings relating to the claim made by the petitioner in Form No. 7 -A, the earlier proceedings have bean set aside and the matter is presently pending before the Authorized Authority/Assistant Commissioner considering the claim put forth by the petitioner.

(3.) THE learned Counsel for the petitioner points that firstly there is an error with regard to the mentioning of the case number and secondly the Assistant commissioner could not have come to such conclusion, since in any event the matter should have been considered by the Assistant Commissioner on it merits. The restoration of the revenue entries is on 01.03.1974 should be made and the same should be retained to the name of the petitioner. The respondents would however contend that firstly this petition itself is not maintainable since as against the order passed under Section 136(2), the petitioner has not availed the alternate remedy of revision before the Deputy Commissioner as provided under Section 136(3) of the Act. It is contended that even otherwise the Assistant Commissioner was justified.