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2022 DIGILAW 825 (KAR)

Shivalingamma v. State of Karnataka

2022-07-01

N.S.SANJAY GOWDA

body2022
JUDGMENT 1. An order passed by the Deputy Commissioner setting-aside the revenue entries in favour of the petitioner in a proceeding under Sec. 136(3) of the Land Revenue Act (for short 'the Act'), is called in question, in this writ petition. 2. The Deputy Commissioner in the impugned order has stated that the grant records were not genuine and therefore, the entries made on the basis of the grant records could not be sustained. 3. One of the grievance of the petitioner is that she was not heard in the matter before the impugned order was passed and some one on her behalf had appeared and that person who had appeared, had no authority to appear on her behalf. 4. In view of this submission, without going into the merits of the matter, in my view, it would be appropriate to set-aside the order of the Deputy Commissioner and remit the matter to the Deputy Commissioner for a fresh consideration of the entire matter. 5. The Deputy Commissioner shall afford an opportunity of hearing and also an opportunity to the petitioner to file objections and thereafter, pass appropriate orders in accordance with law, within a period of six months from the date of receipt of a certified copy of this order. 6. All contentions regarding the entitlement of the Deputy Commissioner to pass an order under Sec. 136(3) of the Act, on the question of grant, is left open to be raised by the parties and for being decided by the Deputy Commissioner. 7. Accordingly, the petition is allowed. 8. In view of disposal of the main petition, I.A.No.2/2021 does not survive for consideration.