1 IN THE HIGH COURT oF KARNATAKA. CIRCUIT BENCH AT D I-JARWAD DATEDTHISTHE 12{DAYOFAPRIL. 2011 BEFORE HON BLE MR. JUSTICE RAM MOHAN REDDY O17Q3007LRi MISC.W.60910/201 1 IN W.P. NO. 17938/2007(LR) BETWEEN: SRI HANUMANA GOLDA S 1 ’O SRI BASANA GOWDA AGED ABOUT 62 YEARS. SRI H BASARAJ GOLDA 5/0 SRI HANUMANA GOLDA AGED ABOUT 43 YEARS. SRI H GURUPRASAD GOUDA S 0 SRI HANUMAN GOUDA AGED ABOUT 30 YEARS, 4 SMT ANNAPOORNA D/O SRI HAMPANAGOUDA AGED ABOUT 28 YEARS (ALL ARE R 0 M.GONAL VILLAGE BELLARY TALUK. BELLARY DIST 583 101 THE PETRS. NO OTHER AVOCATION THAN THE AGRICLLTLRE). PETITIONERS C OM MO N BY SRI. MADANMOHAN M KHANNLR. ADV.t 2 AND: 1. ThE DEPUTY COMMISSIONER BELLARY DISTRICT BELLARY-583 101. 2. THE ASSISTANT COMMLSSIONER BELLARY TALUK BELLARY DISTRICT-583 101. 3. THE TAHSILDAR BELLARY TALUK, BELLARY BELLARY DISTRICT-583 101. RESPONDENTS (COMMON) (BY SRI. C.S.PATIL, AGA) ThIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING CALL FOR RECORDS AND SET ASIDE THE IMPUGNED ORDER DATED 4.10.2007, PASSED BY THE R2, VIDE ANN-E AS ILLEGAL AND ARBITRARY AND GRANT STAY ALL FURHTER PROCEEDINGS PURSUANT TO THE IMPUGNED ORDER DATED 4.10.2007, PASSED BY THE R2, VIDE ANN-E AND ETC. ThE MISC.W. IS FILED UNDER ORDER 1 RULE 10 R/W SEC. 151 OF CPC PRAYING TO PERMIT THE PETITIONERS TO IMPLEAD PROPOSED RESPONDENT NO.4. THIS WP & MISC.W. COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORDER The first petitioner claiming to have filed an application in Form No.7A under Section 77-A of the Karnataka Land Reforms Act, 1961, for grant of land 3 measuring 2 acres 54 cents in Sv, No. 256: 1 1 acres 32 cents in Sv. No. 257; and 3 acres 19 cents in Sy. No. 258 of M. Gonal village of Bellarv taluk, asserting that the Assistant Commissioner had failed to pass orders on the said application, filed W.P. No. 7997/2006, whence this Court recording the submission of the learned Government Advocate that the application would be considered and orders passed thereon, disposed of the writ petition by order dated 07.08.2006. The State having realized a mistake that the petitioner had not filed an application and was not pending consideration before the Assistant Commissioner, preferred Review Petition No. 180/2007, inter alia, contending that by share inadvertance, a state of fact. which was not correct was made leading to the order and sought, review of the same. This Court by order dated 06.06.2008 disposed of the Review Petition observing that, if and only the petitioners’ application in Form iNo.7A was pending then the Assistant Commissioner is required to consider the ‘V 4 same, and if no such application is pending, question of considering the application does not arise. 2. In the meanwhile, the Assistant Commissioner by order dated 04. 10.2007 AnnexureE rejected the claim of the petitioners’ for a consideration over their application under Section 7A, in the absence of such an application. Hence, this writ petition. 3. Learned counsel for the petitioners’ points out to a fax copy of the application in Form No.7A Annexure-A to contend that the seal affixed and visible on the fax copy is that of the Taluk Kacheri, Bellarv, dated 25.09.1999 to contend that the Taluk Office had acknowledged the filing of Form No. 7A by the petitioners’ in respect of the immovable properties supra. A bare perusal of Annexure-A being a fax cop does not disclose either the signature of the person receiving or an inward number assigned to it, except for a seal with a date. This in my considered opinion, does not constitute a ag.eneht of the Revenue Department for having re’eived from the petitioners an appla’ation in Form No. TA. In the absence of production of the cop\ ol Annexure-A on which the seal and signature is allegedly found. a fax copy does not instill confidence in the mind of the Court over the assertions that, such an application was in fact filed before the Bellarv Taluk Office. In that view of the matter, no exception can he taken to the order Annexure—E regarding a finding that petitioners’ had not filed an application in Form No.7A for grant of the lands in cluestlon. Writ petition devoid of merit, is accordingly rejected. Misc.WbOqlO/201 1 for impleading is unnecessary and rejected. SdI 3UDGE hn in