IN THE HIGH COURT OF Kk TACA r BA7GALORE DATED THIS THE 6TH DAY OF 3TJ75 198 B EFORE THE FVBLE MR,JUSTICE P.VISF4WANATHA SHETY WRIT PETITION No.1537/1998 Between: Mallarpa Malla Hanumanahalli, ma3or, 0cc, AgrIculture, R/o Basti Oni, Haven, Haven I Talu k and 01st. rep. by his PA !-blder Ginimallpa Basavanneppa aganj I, major, R/o -do— Since dead by LRs, 1(a) Smt,Mallavva, w/o Mallarpa Hanamananalli 1(b) Kumani Laljta, 0/0 Mallarpa Hanunianihalli 1(e) Kumarj Savitravva, -do - 1(d) Kurnani Gouravva, — do — 1(e) Kumar Anand, 3/0 Mallarpa Hanuma-iahalli. All are majors, R/o Haven. 1(f) Smt.Reriavva Urf £i.ittavva, W/o Gangpa Kalasad, Rio Shirabadagi, Tq. Savanoor, Oft. Haven. 2 —2— 1 (g) :mt. Thivgan g avva, w/o Gir imal1p a Ar g an ji, R/o Devagiri, Yall4ur Eq. Myj• Rep. by A holder, Gir imallappa Basavanriepp a Ar aganji. . . PetItiones. (Amended as per Cairt Order dt .27—3—1999) (By Sri.F.V.Patil, 14dv.,) nd: 1. The Assistant Commissioner, Haven qib-Division, Haven, Haverj. District. 2. Mahadevago4da Basanagouda Hiregoudar, since deceased by his LRs. (a) Smt.Gouravva kom. Mahadevagouda Hiregoudar, (b) Basavaraj Mahadevagouda Hiregou dan, (reptesented by R—2(a) as legal representative as per order of the Courtdt.3—4—9e) (c) smt. shivaleela, W/o siddpa Banakar, (d) Virup axp a Mah adevagouda Hiregoudar, (e) kum.Renuka, D/o Mahadevagouda Hiregoudar. ... 3 —3— Respondents 2(a) to (e) are all majors, and all are residing at Haven, Haven Taluk & District. ... Reonderits. (3y Sri.Satlgh R.GirajI for R—2(a) & 2(c) (e), R—2(b) expired Sri,Kotji Md1 GA for R—i) * *** * This is filed under rticles 226 & 227 of the Onstitution of India praying to quash vide Rnnx.B dt.1O—lI—97 by R—1 & etc., This ? coming on for prly. hearing this day, the Court made the following:— ORDER Sri Kotian, learned Goverrijnent Advocate is directed to take notice to 1st respondent, 2. Though this petition is posted for preliminary hearing, with the consent of the learned counsel appearing for the petitionem and the learned oounsel for the respondents, this petition is taken up for final hearing and disposed of, by this order. 3. In this petition, the petitioners have called in auestion, the correctness of the —4— order dated 10th Novnber, 1997, a copy of which has been produced as Annexure...B passed by the 1st respondent setting aside the entf made in No.2049 deleting the name of the petitioner and in its place directing that the neof the legal representatives of one Mahadevagouda should be entered. 4. Sri F.V.Patil, learned counsel appearing for the petitioner made several su1nissions in support of his plea that the order impugned is liable to be quashed. However, the same is resisted by Sri Satish Girjjj, learned counsel appearing for the contesting respondents. Jyl 5, I am of the view, the order impugned iS liable to be quashed On the short ground that the mougned order is not a speaking order. It is the case of the peti tioner that the entry in the revenue records —5— came to be altered twenty years from thedate of the entry in the revenue cecord without there being even an aDplication filed seeking fro condonation of delay, the order imougned ceto be passed. I find considerable force in this submission also. Therefore 1 the imougned order is liable to be quashed, Hcever, all the contentions urg’d by the learned counsel appear ing for the petitioner and the learned counsel appearing for thecontesting respondents are left open to be urged before the 1st respondent. 6. In the light of the discussion made above, the order Annexure_B is hereby quashed. The matter is remitted to the 1st respondent for fresh consideration and the 1st respondent is directed to dispose of the matter afresh in accordance with lew. The parties are directed to appear before the 1st respondent on 20th July 1 1998. However, it is made clear that the peti tioner is not entitled for any fresh notice from the 1st respondent. The 1st respondent is directed to dispose of the appeal within three months’ from 20th July, 1998, —6— 7. In terms stated above this petition is allowed and disposed of, Rule is issued and made absolute, 8. Sri Kotian, learned Govnjent dvocte is given four weeks time to file his memo of appearance. Sd!— JUDGE Of ia