IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.53653/2017 AND WRIT PETITION No.55076/2017 (KLR – RES) BETWEEN:
1. SMT PUTTAMMA W/O LATE RUDRAPPA AGED ABOUT 48 YEARS 2. SRI VIJAYAKUMAR S/O LATE RUDRAPPA AGED ABOUT 32 YEARS BOTH ARE R/AT LINGADHEERANA GOLLA HALLI, KUNDANA HOBLI DEVANAHALLI TALUK BANGALORE RURAL DISTRICT-562110. ... PETITIONERS [BY SRI V.VISWANATHA SETTY, ADV.] AND:
1. THE DEPUTY COMMISSIONER & DISTRICT MAGISTRATE BANGALORE RURAL DISTRICT BANGALORE-560001.
2. THE ASST. COMMISSIONER DODDABALLAPUR SUB-DIVISION DODDABALLAPUR BANGALORE RURAL DISTRICT-561203.
3. THE TAHSILDAR DEVANAHALLI TALUK, DEVANAHALLI BANGALORE RURLA DISTRICT-562110.
4. SRI PATTADA SHIR PARVATHARAJ SHIVACHARYA SWAMIJI SINCE DECEASED BY HIS LRS 4[a]. PATTADA SRI GURU NANJESHWARA SHIVACHARYA SWAMIJI AND ALSO MATADIPATHI S/O SRI PATTADA SHIR PARVATHARAJ SHIVACHARYA SWAMIJI AGED ABOUT 34 YEARS R/AT SAMASTHANA MUTT HUNASAMARANAHALLI VILLAGE CHIKKAJALA HOBLI BANGALORE-569157.
[CAUSE TITLE IS AMENDED VIDE ORDER DATED 20.11.2018] …RESPONDENTS [BY SRI Y.D.HARSHA, AGA FOR R-1 TO R-3; SRI P.M.NARAYANASWAMY, ADV. FOR R-4[a]) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT No.1 IN REVISION PETITION No.14/2011-12 DATED 14.11.2017 [ANNEXURE-Q] IN RESPECT OF THE LAND BEARING SY.NO.68 MEASURING 3 ACRES 17 GUNTAS, SITUATED AT LINGADHEERA GOLLA HALLI, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT AND BE PLEASED TO RESTORE THE ORDERS PASSED BY THE R-2 DATED 31.01.2011 VIDE ANNEXURE-P SO ALSO THE MUTATIO EFFECTED BY THE R-3 IN THE NAMES OF THE PETITIONER THROUGH MR No.23/2006- 07 VIDE ANNEXURE-M ALLOWING ABOVE W.P.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioners are challenging the order passed by the respondent No.1 dated 14.11.2017 in respect of the land bearing Sy.No.68 measuring 3 acres 17 guntas situated at Lingadheera Golla Halli, Kundana Hobli, Devanahalli Taluk, Bengaluru Rural District, inter alia praying to restore the orders passed by the respondent No.2 in R.A.[DH]/170/2006-07 dated 31.01.2011 so also the mutation effected by the respondent No.3, the Tahasildar, Devanahalli Taluk, Devanahalli in the names of the petitioners through M.R.No.34/2005-06.
2. A joint memo has been filed by the petitioners as well as the contesting respondent No.4[a] submitting that the dispute between the parties regarding the property in question has been amicably settled in terms of the compromise decree in O.S.No.369/2018. Hence, the respondent No.4[a] has no objections to allow the writ petitions filed by the petitioners and to set aside the order passed by the respondent No.1 confirming the order passed by the respondent No.2 and to direct the revenue authorities to continue the revenue records in the names of the petitioners in pursuance of the order passed in M.R.No.34/2005-06 and M.R.No.23/2006-07.
3. The said joint memo is placed on record.
4. Having regard to the facts and circumstances of the case, this Court deems it appropriate to remand the matter to the respondent No.1 to enable the parties to compromise in the revision proceedings initiated by the respondent No.4[a].
5. Hence, the writ petitions stand disposed of remanding the matters to the Deputy Commissioner – respondent No.1 with liberty to the parties to move a joint memo/compromise petition/withdrawal petition to put a quietus to the litigation pursuant to the compromise decree entered into between the parties in O.S.No.369/2018. If such request is made by the parties, the same shall be considered by the respondent No.1 in accordance with law.
Writ petitions stand disposed of in terms of the above.
NC.
Sd/- JUDGE