BASSAPPA Vs. DEPUTY COMMISSIONER, BIDAR

JUDGEMENT

(1.) The petitioners have filed this present writ petition for writ of certiorari to quash the order dated 04.05.2018 in file No. (Vernacular matter omitted.... Ed.) 13/2015/500 passed by the respondent No. 1-The Deputy Commissioner, Bidar allowing the revision petition bearing R.P.No.28/2016-17 directing the respondent No. 5 to effect the mutation in favour of the respondent No. 2-The Karnataka Housing Board, as per Annexure-N, as illegal and arbitrary and to issue a writ of mandamus directing the respondents Nos. 2 and 3 from creating any rights in favour of the third parties pursuant to the impugned order.

(2.) It is the case of the petitioners that, they are the joint owners and in possession of the land Sy.No.8/1 measuring 14 acres 12 guntas and Sy.No.9/1 measuring 32 acres 37 guntas situated at Gunalli village Tq and Dist: Bidar. The petitioners' grandfather namely late-Bandeppa along with his two brothers by name Gundappa and Tukkappa together with sister Shankaremma were the joint owners of land Sy.No.8/1 measuring 14 acres 12 guntas and I Sy.No.9/1 measuring 32 acres 37 guntas situated at Gunalli village Tq and Dist; Bidar. Since, I there was no partition in the joint family properties. However, all the revenue records in respect of the said properties were standing in I the name of elder brother of late-Bandappa by I name Tukkappa s/o Babugond who being a member of the family.

(3.) It is further contended that, cousin brother of father of the petitioners by colluding with one Sri.Baburao s/o Marutheppa Sanagonda, Malkapure, has got created alleged registered Power-of-Attomey allegedly executed on 05.07.2007 in presence of First Division Clerk by name Sri. Ravindra A. Hanchanal, who was allegedly deputed for the purpose of securing the signatures of all the family members, who in turn had submitted the said documents allegedly duly signed by the members of the family. The said document was registered on 11.05.2007 in the office of Sub-Registrar, Bidar. It is further alleged that, based on the alleged Power-of-Attomey the said Sri.Baburao s/o Marutheppa Sanagonda has executed a registered sale deed dated 11.07.2007 in favour of respondent No. 2-Housing Board for a consideration of Rs. 6,50,000/- per acre. Based on the sale deed the respondent No. 2-Housing Board approached the Tahasildar for effecting the revenue entries in its name. The Tahasildar has refused to effect the mutation. Aggrieved by the rejection order the respondent No. 2-Housing Board has filed appeal before the Assistant Commissioner, which was also dismissed.