NANJUNDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Mr.S.Susheela, learned senior counsel for Mr.Somanath H., learned counsel for the petitioners. Mr.Y.D.Harsha, learned Additional Government Advocate counsel for respondent Nos.1 to 5. Mr.Padmanabha V. Mahale Learned Senior Counsel for Mr.S.Venugopala, learned counsel for respondent No.7.

(2.) The writ petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.

(3.) In these petitions under Articles 226 & 227 of Constitution of India, the petitioners inter alia seek a writ of certiorari for quashment of orders dated 20.08.2016 & 20.12.2016 passed by the Assistant Commissioner and Deputy Commissioner under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 (hereinafter referred to as 'the Act' for short). The petitioner also seeks a writ of mandamus directing the respondents to restore the entries in the revenue records in the name of the petitioner in respect of Sy.Nos.93/1, 96/2, 96/3, 98/2, 100/1 khatha No.55, 42, 43, 126, 128, 130, 131 & 132/1 situated in Kesthur Village and Mavukere Village Kora Hobli, Tumkur Taluk, Tumkur District by nullifying the partition dated 24.01.1998 and 28.04.2008. In order to appreciate the petitioners challenge to the impugned order few facts need mention, which are stated infra: