IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P.NO.28517/2019 (KLR-RES) BETWEEN:
1 . SMT. JAYAMMA W/O LATE BHADRAIAH AGED ABOUT 70 YEARS.
2 . SRI. BHIMAIAH S/O VEERABHARAIAH AGED ABOUT 73 YEARS.
BOTH ARE R/AT JAMPENAHALLI VILLAGE, CHANARAYANADURGA KORATAGERE TALUK TUMKUR DISTRICT – 572 101.
(BY SRI. NANJA REDDY P.N, ADVOCATE) AND:
1 . THE ASSISTANT COMMISSIONER TUMKUR SUB DIVISION TUMKUR – 572 101.
2. THE TAHASILDAR TUMKUR TALUK TUMKUR – 572 101.
3 . SRI. BASAVARAJU S/O LATE UGRAMURTHY AGED ABOUT 57 YEARS R/AT HOBLAPURA VILLAGE KORA HOBLI TUMKUR TALUK – 572 101.
...PETITIONERS 4 . SMT. BALAMMA W/O NARAYANAPPA AGED ABOUT 53 YEARS R/AT DASALAKUNTE CHANNARAYANADURGA HOBLI KORATAGERE TALUK TUMKUR DISTRICT – 572 101.
5 . SMT. VEENA W/O MANJANNA AGED ABOUT 41 YEARS R/AT THUMBADI VILLAGE KORATAGERE TALUK TUMKURU DISTRICT – 572 101.
6 . SRI. SRINIVAS MURTHY S/O LATE PUTTABALAIAH C/O KODAPPA AGED ABOUT 55 YEARS R/AT (WATERTANK) HOUSE YALLAPURA, ARAKERE POST TUMKUR TALUK TUMKUR DISTRICT – 572 101.
7 . SRI. DEVARAJU SINCE DEAD BY HIS LR.
a) SMT. SHANTHAMMA W/O LATE DEVARAJU R/AT BENDONEGRAMA MALLEKAVU POST C.N. DURGA HOBLI KORATAGERE TALUK TUMKUR DISTRICT – 572 101.
8 . SRI. NARASIMHAMURTHY S/O LATE PUTTABALAIAH AGED ABOUT 45 YEARS R/AT BENDONEGRAMA C.N. DURGA HOBLI KORATAGERE TALUK TUMKUR DISTRICT – 572 101.
9 . SRI. SRINATH @ KUMAR S/O LATE PUTTABALAIAH AGED ABOUT 36 YEARS R/AT BENDONEGRAMA C.N. DURGA HOBLI KORATAGERE TALUK, TUMKUR DISTRICT – 572 101.
10 . SMT. SAROJAMMA W/O MURTHAPPA AGED ABOUT 49 YEARS R/AT GOVINDANAIKANAPALYA URDIGERE HOBLI, TUMKUR TALUK & DISTRICT – 572 101.
11 . SMT. RATHNAMMA W/O HANUMANTHARAYAPPA AGED ABOUT 54 YEARS R/AT LAKSHMIPURA MADHUGIRI TALUK TUMKUR DISTRICT – 572 101.
12 . SMT. YASHODAMMA W/O SIDDARAMAIAH AGED ABOUT 45 YEARS R/AT BELAGUMBA VILLAGE KASABA HOBLI, TUMKUR TALUK & DISTRICT – 572 101.
13 . SMT. SRILATHA MAJOR IN AGE R/AT DOGGANAHALLI CHANNARAYANADURGA HOBLI KORATAGERE TALUK TUMKUR DISTRICT – 572 101.
(BY SRI. Y.D. HARSHA, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED:08.11.2017 (ANNX-B) PASSED BY THE R-2 AS THE SAME IS ILLEGAL ARBITRARTY TO THE ORDERS PASSED BY THE ASSISTANT COMMISSINER AT ANNX-A AND ALSO THE ORDERS PASSED BY THIS HON’BLE COURT AT ANNX-D AND ALSO IT IS IN VIOLATION OF PRINCIPLES OF NATURAL JUSTICE.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri. Nanja Reddy P.N., learned counsel appearing for petitioners and Sri. Y.D.Harsha, leaned Government Advocate appearing for respondents. Perused the records.
2. Impugned order dated 08.11.2017 passed by the Deputy Thasildar, Kora Hobli, Tumakuru Taluk relates to mutating the revenue records insofar as it relates to land measuring 6 Acres 22 guntas of Sy.No.59/3 situated at Oblapura village, Kora Hobli, Tumkuru Taluk, whereunder said authority has rejected the prayer of petitioners for mutating the revenue records of lands in question in their favour. Though said order passed is on the strength of the Will dated 12.12.2001, it is the subject matter of R.P.No.36/2017-18 and a suit relating to said property is also being pending before I Additional Civil Judge, JMFC, Tumakuru in O.S.No.305/2017-18. Infact, impugned order is an appealable order under Section 136(2)of the Karnataka Land Revenue Act, 1964. Hence, without expressing any opinion and reserving liberty to petitioners to challenge the impugned order under Section 136(2) of the Act, before jurisdictional Assistant Commissioner, this petition stands rejected.
In the event of learned counsel appearing for petitioners filing an application for return of the certified copy of the impugned order produced along with this petition, registry is directed to return the same forthwith on same being substituted by a photocopy.
Sri.Y.D.Harsha, leaned Government Advocate is permitted to file memo of appearance within four weeks from today.
SD/-
JUDGE RU