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The petitioner has sought for quashing of the order dated 15.12.2017 (Annexure 'H' to the petition) passed by the fourth respondent, namely, Deputy Commissioner, Tumakuru District, Tumakuru, in partly allowing the Revision Petition No.16/2008-09 filed by respondent No.1 herein by upholding the order dated 06.06.1996 passed by the third respondent - Assistant Commissioner, Tiptur sub-division, Tiptur, in proceedings No.RA.8/96-97 insofar as it related to canceling mutation orders in M.R. Nos.15/1992-93, 16/1992-93 dated 15.04.1993 passed by Tahasildar / Sheristedar, Record of Rights. While doing so, Deputy Commissioner has remanded the matter to the third respondent - Assistant Commissioner with a direction to conduct enquiry, verify documents and thereafter, dispose of the proceedings initiated under Section 79A of the Karnataka Land Reforms Act, 1961 (for short, 'the Act') pursuant to mutation orders in M.R. Nos.2/90-91 and 3/90-91 passed by Tahasildar, Tiptur, in accordance with law.

that Sri Chikkaeraiah purchased land measuring to an extent of 01 Acre in Sy. No.260/1 and 01 Acre 05 guntas in Sy. No.260/2 under registered sale deeds dated 27.06.1973 and 02.11.1981 respectively, from Smt. Gangamma. Subsequently, Sri Chikkaeraiah had sold lands measuring to an extent of 01 Acre in Sy. No.260/1 and 01 Acre 01 gunta in Sy. No.260/2 in favour of the first respondent herein under two separate registered sale deeds dated 09.07.1990. However, Tahasildar by his orders bearing M.R. Nos.2/1990- 91 and 3/1990-91 declined to mutate the said lands in the name of the first respondent on the premise that the said sale transactions were hit by the provisions of Sections 79A of the Act. However, no further action has been taken in the said proceedings initiated under the provisions of Section 79A of the Act.

17. It is pointed out by Deputy Commissioner that the second respondent - Tahasildar, without any authority, on the basis of unregistered partition deed dated 10.03.1985 entered into between Sri Chikkaeraiah and the petitioner herein, passed an order on 30.06.1995 for change of khata in respect of the lands in question in the name of the petitioner herein. Tahasildar had not followed the procedure prescribed under Section 79A of the Act and Assistant Commissioner though referred to the proceedings initiated under Section 79A of the Act in his order dated 06.06.1996, he did not take necessary action for consideration and disposal of the said proceedings. In that view of the matter, Deputy Commissioner held that

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under Section 79A of the Act, lands in question are deemed to be vested under the Government.

19. The petitioner herein contends that the said lands were allotted to his share in the partition deed dated 10.03.1985. However, it is an unregistered document. This Court is unable to accept the said title in this writ proceedings. The decisions relied upon by the learned counsel for the petitioner are not helpful to him in the present case as orders in M.R. Nos.2/1990-91 and 3/1990-91 (Annexures 'A' and 'B' to the petition) passed by Tahasildar would indicate that the proceedings under Section 79A of the Act were initiated when the first respondent herein requested for change of khata in his name in respect of the lands in question pursuant to sale deeds dated 09.07.1990 (stated to be registered on 21.08.1990/1991 and 13.09.1990) executed by Sri M. Chikkaeraiah in his favour. However, no further action was taken in the said proceedings and there was lapse on the part of Tahasildar as well as Assistant Commissioner with regard to disposal of the said proceedings.