IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.29202/2018 (KLR – RR/SUR) BETWEEN:
O.PAPANNA S/O OBAIAH, AGED 46 YEARS, R/AT BEHIND GOVERNMENT PRIMARY SCHOOL, WARD NO.15, GANDHINAGAR, CHALLAKERE, CHITRADURGA DISTRICT-577 543 ... PETITIONER [BY SRI S.SHAKER SHETTY, ADV.] AND:
1. STATE OF KARNATAKA REP. BY ITS REVENUE SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001 2. DEPUTY COMMISSIONER CHITRADURGA, CHITRADURGA DISTRICT-577 450 3. ASSISTANT COMMISSIONER CHITRADURGA SUB-DIVISION, CHITRADURGA -577 501 4. TAHSILDAR CHALLAKERE TALUK, CHITRADURGA DISTRICT-577 543 5. K.RUDRESH S/O LATE KEMPALAIAH AGED 48 YEARS.
6. K.VENKATESH S/O LATE KEMPALAIAH AGED 46 YEARS.
7. PURUSHOTHAMA S/O LATE K.R.VEERANNA AGED 46 YEARS.
8. KAVERAMMA W/O LATE K.R.VEERANNA AGED 65 YEARS.
9. SHOBHA W/O PARAMESH, AGED 40 YEARS.
10. MAMATHA D/O LATE K.R.VEERANNA AGED 38 YEARS.
11. LATHA D/O LATE K.R.VEERANNA AGED 36 YEARS.
No.5 TO 11 ARE R/AT BERINAMARADA KATTE, RESIDENTS MADAKARINAGARA CHALLAKERE-577 538 …RESPONDENTS [BY SRI H.VENKATESH DODDERI, AGA FOR R-1 TO R-4; SRI B.M.SIDDAPPA, ADV. FOR C/R-6;
R-7 TO R-11 SERVED BUT UNREPRESENTED; NOTICE NOT ORDERED I/R OF R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER AS PER ANNEXURE-H PASSED BY THE R-2 ON 30.05.2018 BEARING NO.RA[a]-5/2015-16 AND CONFIRM THE ORDER PASSED BY THE R-3 ON 23.12.2014 BEARING NO.RA 334/2012-13 AS PER ANNEXURE-G AND ISSUE A DIRECTION TO THE R-4 TO HOLD AN ENQUIRY AS DIRECTED IN THE ORDER ANNEXURE-G, ACCORDING TO LAW.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner has challenged the order passed by the respondent No.2 dated 30.05.2018, whereby the order passed by the respondent No.3 has been reversed restoring the order of respondent No.4, effecting mutation of the revenue entries in the lands bearing Sy.Nos.248/1, 248/2, 248/3 and 248/4 situated at Challakere village, Kasaba Hobli, Chitradurga Taluk.
2. Learned counsel Sri. S. Shaker Shetty, appearing for the petitioner fairly submits that O.S.No.72/2018 is filed by the petitioner herein before the competent Civil Court seeking relief of declaration and possession relating to the property and as such, writ petition requires to be disposed of, clarifying that the revenue entries now effected shall be subject to the result of the civil litigation pending in O.S.No.72/2018.
3. Learned counsel Sri. B.M. Siddappa, appearing for the contesting respondent No.6 – caveator has no objection to the same.
4. In view of the aforesaid, writ petition stands disposed of, observing that the revenue entries mutated relating to the property in question shall be subject to the final judgment and decree in O.S.No.72/2018 pending before the competent Civil Court. The revenue authorities are directed to enter the details of the pending suit in the records and shall delete the details of the suit after the disposal of the same.
Sd/- JUDGE PMR