FAIZUNNISA BEGUM Vs. DIVISIONAL COMMISSIONER GULBARGA

JUDGEMENT

(1.) The petitioners are the daughters of one late Akbar Ali, who is said to have owned D. No. 2-6-22 and 2-6-22/1. On application made by the petitioners, the President, Town Municipal Council Raichur, by his .order dated 11-8-1988 as at Annexures F and F 1 to the petition directed that the petitioners' name may be entered in the property register in place of their father late Akbar Ali. The said order of the Town Municipal Council, states that it has been so directed without considering the objections as the objections were received late.

(2.) Aggrieved by that order, respondents 4 to 6 preferred a revision before the Divisional Commissioner challenging the legality and correctness of that order under Section 322 of the Karnataka Municipalities Act, 1964, inter-alia contending that the impugned orders as at Annexures and F1 were orders made without proper enquiry and notice to the affected parties and on account of the position held by the first of the petitioners in Writ Petition No. 1964 of 1989 as a Municipal Counciller at the relevant time and also on the false report submitted by the tax inspector that late Akbar Aii had no sons, the order had been passed and therefore, it is liable to be set aside.

(3.) The Divisional Commissioner in exercise of his revisional jurisdiction has allowed the revision and by his order dated 20-12-1988 remanded the matter to the municipal council, Raichur, for proper R. 26 enquiry after giving an opportunity to all parties concerned of being heard and the application of the petitioners for change of khata disposed of in accordance with law and the observations made by him.