IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF MAY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.23956/2012 (KLR-RR/SUR) BETWEEN:
1. MUNIYAPPA S/O MOTAPPA AGED ABOUT 60 YEARS SUNDRAHALLI JONGAMAKOTE HOBLI SHIDLAGATTA TALUK CHICKKABALLAPUR DISTRICT.
2. VENKATARAYAPPA S/O MOTAPPA AGED ABOUT 65 YEARS SUNDRAHALLI JONGAMAKOTE HOBLI SHIDLAGATTA TALUK CHIKKABALLAPUR DISTRICT (BY MS. DEEPIKA JOSHI, ADV. BY M/S. JAYAKUMAR S PATIL ASSOCIATES) AND:
1. THE DEPUTY COMMISSIONER CHIKKABALLAPUR CHIKKABALLAPUR DISTRICT.
... PETITIONERS 2. THE ASSISTANT COMMISSIONER CHIKKABALLAPUR SUB DIVISION CHIKKABALLAPUR DISTRICT.
3. THE TAHASILDAR SHIDLAGATTA TALUK CHIKKABALLAPUR.
4. SRI MUNIKEMPANNA S/O MUNI VEERAPPA SUNDRALLI VILLAGE JANGAMA KOTE HOBLI SHIDLAGATTA TALUK CHIKKABALLAPUR.
5. SRI NARAYANA SWAMY S/O MUNI VEERAPPA SUNDRALLI VILLAGE JANGAMA KOTE HOBLI SHIDLAGATTA TALUK CHIKKABALLAPUR.
6. MUNIYAPPA S/O MUNI VEERAPPA SUNDRALLI VILLAGE JANGAMA KOTE HOBLI SHIDLAGATTA TALUK CHIKKABALLAPUR.
... RESPONDENTS (BY SRI.T.S.MAHANTESH, AGA. FOR R1 TO R3 SMT. S SUSHEELA, ADV. FOR R4 TO 6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 28.03.2012 PASSED BY THE R1 IN RA NO.31/2006-07 VIDE ANNEX-D.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners are impugning the order dated 28.3.2012 passed in RA No.31/2006-07 on the file of the Deputy Commissioner, Chikkaballapur, the 1st respondent herein.
2. Admittedly, the said appeal before the Deputy Commissioner was filed pursuant to the order dated 27.4.2006 passed by the 2nd respondent-Assistant Commissioner, Chikkaballapur in No.RA(S)/268/2005-06 where respondent Nos.4 to 6 herein had challenged the order passed by the Assistant Tahsildar of Obalapura village, Jangamakote Hobli, Shidlaghatta Taluk, in proceedings No.RRT/CRG/23/1989-90 culminated in MR No.194-2/1989-90. The order of Tahsildar was the subject matter of challenge before the 2nd respondent-
Assistant Commissioner of Chikkaballapur Sub-Division wherein the Assistant Commissioner opined that since the dispute between petitioners Nos.1 and 2 and respondent Nos.4 to 6 in this petition, who are the appellants in the said appeal, relates to the immovable property, the same will have to be agitated before the Civil Court.
3. It is seen that pursuant to the said order, a suit in O.S. No.203/2006 is filed on the file of the Civil Judge (Junior Division) Shiddlaghatta. Simultaneously, it is also seen that one more appeal is also filed by the appellants in appeal No.RA 31/2006-07 on the file of the 1st respondent-Deputy Commissioner Chikkaballapur wherein the Deputy Commissioner ignoring the fact that there is already a suit is pending in O.S. No.203/2006 which was pursuant to the order passed by the Assistant Commissioner in RA No.268/2005-06, has proceeded to hear the parties with reference to their title claimed by them pursuant to the registered Will said to have been executed by one Narayanaswamy, son of Muneerappa, in favour of one Akkayyamma and consequently passed an order for cancellation of No.MR No.194-2/1989-90 and issued a direction to register the khatha in favour of the legal heirs of the said Akkayyamma. The said order of the 1st respondent-Deputy Commissioner, Chikkaballpur has become the subject matter of this writ petition.
4. Heard learned counsel appearing for the petitioners as well as the learned AGA appearing for respondent Nos.1 to 3 and the learned counsel appearing for respondent Nos.4 to 6.
5. On going through the impugned order, it is clear that the 1st respondent-Deputy Commissioner, Chikkaballapur, has exceeded his jurisdiction in trying to decide the title to the property in question between the petitioners and respondent Nos. 4 to 6 pursuant to registered Will No.3/49-50 dated 10.9.1949 and the same requires to be quashed.
6. Accordingly, the writ petition is allowed. The order dated 28.3.2012 passed in R.A. No.31/2006-07 by the 1st respondent-Deputy Commissioner, Chikkaballapur, is hereby quashed and the parties are directed to wait until their title to the property is decided in O.S. No.203/2006 on the file of the learned Civil Judge, Shiddlaghatta.
Sd/- JUDGE Cs/-