The burden of proof lies with the petitioners to substantiate claims of land ownership, which they failed to do, leading to the dismissal of their petition.

ORAL ORDER

The petitioners are seeking issuance of writ in the nature of Certiorari to quash the order dated 25.07.2012 passed by respondent No.1-Deputy Commissioner, Bellary, by confirming the order dated 30.08.2008 passed by the Assistant Commissioner-respondent No.2, produced as per Annexures-A and B respectively.

2. Heard Sri. Rajendra R. Patil, for Sri Srinand A. Pachhapure, learned counsel for the petitioners, Sri. T.Hanumareddy, learned Additional Government Advocate for respondent Nos.1 to 3 and Sri J.Basavaraj, for Sri Rajashekhar R. Gunjalli, learned counsel for respondent Nos.5 and 8, Sri Mallikarjunswamy B. Hiremath, learned counsel for respondent Nos.9 to 13. Respondent Nos.4, 6 and 7 though served, they remained unrepresented. Perused the materials on record.

3. It is the contention of the petitioners that, they are the legal representatives of Bandralappa Budda Ramanna, who was the owner of several items of properties comprised in Sy.No.234, totally measuring 14.07 acres, situate at Timmalapura village, Kurugodu, Bellary. It is stated that 7.34 acres of land was owned by the husband of respondent No.4. But the Tahsildar, Kurugodu certified M.E.No.43/2004-05 in the names of respondent Nos.5 to 8 to an extent of 7.37 acres without any basis. Respondent No.4 has challenged the said mutation entry before the Assistant Commissioner.

4. The Assistant Commissioner passed the impugned order as per Annexure-B canceling M.R.No.34/1989-90 dated 15.01.1990 registered in the name of Bandralappa Budda Ramanna that is the father of the petitioners herein. He has also directed to enter the record of rights in the name of Valmiki Mallamma W/o. Valmiki Ramaiah. He confirmed M.No.135/95-96 dated 04.07.1996 passed in favour of respondent Nos.3 to 6 i.e. Valmiki Mallamma, Agasara Manjunatha, Agasara Govindarajulu and Agasara Sharabaiah, proceeded to cancel M.R.No.43/2004-05 dated 15.01.2005 and directed to enter the names of Valmiki Mallamma and 8 others, in respect of various extents of lands in Sy.No.234 as the same being the Inam land to enter the names of the applicants who filed Form No.2 after Inam Abolition Act coming into force.

5. The order of the Assistant Commissioner was challenged before the Deputy Commissioner, Bellary. He confirmed the said order by passing Annexure-A, holding that Sy.No.234 measuring 14.74 acres of Timmalapura Village is an Inam land. After Inam Abolition Act coming into force, the persons who claimed right over the property are required to submit an application in Form No.1(A) to get “Rithwari Patta”, Agasara Manjunath, Agasara Govindarajulu, Agasara Sharabaiah and Agasara Krishnappa have claimed occupancy right and the same was conferred on them as per order dated 15.09.1993. Accordingly, M.No.135/1995-96 was certified after the death of Smt.Thippamma. It is also noticed that the husband of petitioner No.1 herein by name, Bandralappa Budda Ramanna was conferred with “Rithwari Patta” after enquiring his Form No.1(A) and passing the order on 15.11.1996. Accordingly, M.No.84/1996-97 was certified on 31.12.1996. Therefore, it was held that in respect of 2.63 acres of land, no right was conferred after Inam Abolition Act and hence dismissed the appeal.

6. The grievance of the petitioners is that, respondent No.4 had challenged Mutation Entry No.43/2004-05 but the Assistant Commissioner, while confirming the said Mutation Entry set aside M.E.No.34/1989-90 which was not challenged before him. This order of the Assistant Commissioner was challenged before the Deputy Commissioner, who confirmed the order of Assistant Commissioner. Hence, he prays for allowing the petition.

7. After hearing learned counsel for the respondents and on going through the impugned order passed by the Assistant Commissioner as well as the Deputy Commissioner, it is noticed that respondent No.4 contended before the Assistant Commissioner that 7.37 acres of land in Sy.No.234 of Thimmalapura village, Bellary taluk is his ancestral pro