AI Structured Summary
Not yet generated for this judgment
Judgment
(PER: HON'BLE MR. JUSTICE T.M.NADAF)
The unsuccessful petitioner, before the Writ Court, in W.P.No.21277/2024, filed this intra-court appeal assailing the order dated 16.06.2026. The Writ Court under the impugned order, dismissed the writ petition.
The parties are referred to as per their ranking before the Writ Court.
Facts germane to file this appeal are as under:
The petitioner claims that his ancestors purchased the property way back in the year 1935. However, the fact remains that till 2014, no attempt was made to get his name entered in the revenue records. The respondents claiming under the Grant, approached the Revenue Authorities contending that they have got land under the Grant dated 27.06.1966 in respect of one Dodda Dyavanna, under whom they are claiming.
The Deputy Commissioner having considered that there arose disputed facts and the earlier revenue entries made on the basis of the Grant Order and since the claim now contemplated is after entering the names of respondents on the basis of the Grant Order, set aside the order passed by the Assistant Commissioner and restored the names of respondents earlier to the Order i.e., in 2014.
Assailing the said order, the appellant was before the Writ Court and the Writ Court having considered that there are two (2) claims, one under a registered sale deed of 1935 and another on the basis of Grant Order and having found that the Revenue Authorities on the basis of the Grant Order, entered the names of respondents, finds no fault with the order passed by the Revenue Authorities.
We find no infirmities in the order passed by the Revenue Authorities. However, in view of disputed facts, it is for the appellant to approach the competent Civil Court to declare his rights on the basis of claim under the sale deed of 1935 and the Revenue Authorities are bound by the outcome of the adjudication of the suit by the competent Civil Court.
With this observation, the appeal stands dismissed.