GANGANNA Vs. SHET MOHNLAL D THAKUR

JUDGEMENT

(1.) The petitioner has sought for quashing of the order dated 15.12.2017 (Annexure 'H' to the petition) passed by the fourth respondent, namely, Deputy Commissioner, Tumakuru District, Tumakuru, in partly allowing the Revision Petition No.16/2008-09 filed by respondent No.1 herein by upholding the order dated 06.06.1996 passed by the third respondent - Assistant Commissioner, Tiptur sub-division, Tiptur, in proceedings No.RA.8/96-97 insofar as it related to canceling mutation orders in M.R. Nos.15/1992-93, 16/1992-93 dated 15.04.1993 passed by Tahasildar / Sheristedar, Record of Rights. While doing so, Deputy Commissioner has remanded the matter to the third respondent - Assistant Commissioner with a direction to conduct enquiry, verify documents and thereafter, dispose of the proceedings initiated under Section 79A of the Karnataka Land Reforms Act, 1961 (for short, 'the Act') pursuant to mutation orders in M.R. Nos.2/90-91 and 3/90-91 passed by Tahasildar, Tiptur, in accordance with law.

(2.) According to the petitioner, one Siddaiah owned lands bearing Sy. Nos.260/1 and 260/2 situate at Maranagere village, kasaba hobli, Tiptur Taluk. It has come on record that the original propositus, Gangaiah, had three sons, namely, Sri Siddaiah, Rudraiah and Kadaraiah / Kottoorayya. Siddaiah's first wife, Smt. Siddamma had a daughter, by name, Smt. Gangamma. She had a son by name Chikkaeraiah. Siddaiah's second wife, Smt. Rudramma, had a daughter by name Smt. Jayamma. Petitioner is the husband of the said Smt. Jayamma and son-in-law of Smt. Rudramma and Sri Siddaiah. Sri Rudraiah, the second son of Sri Gangaiah, had no children. The third son of Sri Gangaiah i.e., Sri Kadaraiah / Kottoorayya, had two sons, namely, Sri Veerashetty and Sri Basappa. The petitioner is the grandson of Sri Kottoorayya, the younger brother of Sri Siddaiah.

(3.) It is stated in the petition that the properties bearing Sy. Nos.260/1 and 260/2 were mutated in the joint names of the petitioner and Sri Chikkaeraiah. It is submitted on behalf of the petitioner that the children of Sri Gangaiah got divided the family properties under registered partition deed dated 17.05.1937, where the shares of Siddaiah and Kottoorayya are separated. However, learned counsel for the petitioner tried to assert that Kottoorayya's grandson, Sri Gangaiah, has married Siddaiah's daughter, Smt. Jayamma. She is entitled to a share in the family properties.