LAKSHMAMMA Vs. ASSISTANT COMMISSIONER BANGALORE SUB-DIVISION

JUDGEMENT

(1.) These three writ petitions are filed by Smt.Lakshmamma, widow of Sri.Doddegowda purchaser of land bearing Sy.No.97, measuring to an extent of 33 guntas, situated at Tavarekere Village, Begur Hobli, Bengaluru South Taluk.

(2.) Admittedly, the aforesaid land was Thoti Inam land available to the predecessors of Gunda and Kapiliga. The records would indicate that the petitioner's husband Doddegowda purchased the aforesaid land under registered sale deed executed in his name on 15.11.1969. Subsequently, the same was re-granted to petitioner - Lakshmamma on an application filed before the competent authority for re-grant under the provisions of the Karnataka Village Offices Abolition Act where the order of re-grant was passed on 29.12.1986 by the competent authority, Assistant Commissioner, Bengaluru South Sub Division. Based on that, she got the said land mutated in her name vide MR.No.1/1986-87. It is thereafter, litigation between the parties commenced resulting in three writ petitions being filed.

(3.) It is necessary to place on record that all the writ petitions are filed by Smt.Lakshmamma widow of original purchaser Doddegowda. First of that is WP.No.12303/2005 where she is impugning the judgment dated 5.12.2013 passed in MA.No.238/1990 on the file of XLI Additional City Civil Judge (CCH-42), Bengaluru. The said appeal was filed by one of the legal heirs of Gunda contending that the regrant order dated 26.11.1969 in favour of legal representatives of Kapiliga only by the competent authority - Assistant Commissioner, Bengaluru Sub Division is erroneous inasmuch as they being the legal heirs of the family of Barawardar the re-grant should have been made in their favour. It is seen that the said appeal is filed against various persons excluding petitioner - Smt.Lakshmamma who by then had already secured re-grant on 29.12.1986 in respect of land in question in view of the registered sale deed executed in her husband's favour. In the absence of Lakshmamma, initially once the said appeal was dismissed on 14.7.2000 on the ground of limitation, against which CRP.No.3838/2000 was filed by the appellants in MA.238/1990, the said CRP was allowed on 22.8.2002 and the matter was remanded back to the authority. Thereafter, the present judgment dated 5.12.2013 is passed, which is sought to be challenged in WP.No.12303/2015.