IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.34651 OF 2010 (KLR-RR/SUR) BETWEEN :
RAJAMMA W/O PUTTARAJANAYAKA AGED ABOUT 58 YEARS RAVANDOOR S.KOPPALU PERIYAPATNA TALUK … PETITIONER (BY SHRI. U. VINAY RAGHAVENDRA, ADVOCATE FOR SHRI. T.N. RAGHUPATHY, ADVOCATE) AND :
1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S.BUILDING BANGALORE 2. THE DEPUTY COMMISSIONER MYSORE DISTRICT MYSORE 3. THE ASSISTANT COMMISSIONER HUNSUR SUB-DIVISION HUNSUR 4. TAHSILDAR PERIYAPATNA TALUK PERIYAPATNA 5. SMT. R.S. KAMALAMMA W/O LATE KADAIAH NAYAKA DODDAYELACHANAHALLI VILLAGE K.R.NAGAR TALUK ... RESPONDENTS (BY SHRI. Y.D. HARSHA, AGA FOR R1 TO R4; VIDE ORDER DTD.27.10.17 NOTICE TO R5 HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ORDER DATED 17.09.2009 PASSED BY THE ASSISTANT COMMISSIONER, HUNSUR DIVISION, HUNSUR, IN RA NO.111/2008-09 PRODUCED AT ANNEXURE-A IS ILLEGAL AND QUASH THE SAME AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri U.Vinay Raghavendra, learned advocate for the petitioner and Shri Y.D.Harsha, learned AGA for the State.
2. Learned advocate for the petitioner submitted that petitioner and respondent No.5 are sisters. Petitioner’s mother executed a Gift Deed dated 06.11.1968 in petitioner’s favour in respect of property measuring 27 guntas in Sy.No.24/1 and 13 guntas in Sy.No.24/7.
Petitioner’s father and mother also executed a Sale Deed on 06.01.1977 in respect of 1 acre of land in Sy.No.24/8. By a Gift Deed dated 20.12.1971, land measuring 28 guntas in Sy.No.24/6 and 12 guntas in Sy.No.24/8 were gifted in favour of respondent No.5. All lands are situated in Kodihalli Village, Ravandoor Hobli, Periyapatna Taluk. After acquiring her right, petitioner got her name entered in revenue records per MR.No.2/1993-94 & 3/1993-94. Respondent No.5 challenged the same before the Assistant Commissioner in R.A.No.111/2008-09 only in respect of 12 guntas in Sy.No.24/8 and one another land. However, in this writ petition, petitioner confines her prayer only with regard to land measuring 12 guntas in Sy.No.24/8. Assistant Commissioner set-aside the revenue entries which were in the name of petitioner by order dated 17.09.2009. Feeling aggrieved, petitioner challenged Assistant Commissioner’s order before Deputy Commissioner in R.P.No.32/2009-10. By order dated 24.08.2010, the Deputy Commissioner has dismissed the revision petition. Hence, this writ petition.
3. Learned advocate for the petitioner further submitted that grievance of respondent No.5 was only with regard to 12 guntas of land in Sy.No.24/8. However, Assistant Commissioner has set-aside the MR.No.2/1993-94 & 3/1993-94, which were in respect of 3 survey numbers. This is impermissible. Deputy Commissioner has confirmed the order passed by the Assistant Commissioner by rejecting the revision petition. Therefore, order passed by both Assistant Commissioner and Deputy Commissioner are liable to be set-aside.
4. Though served, none appears for respondent No.5.
5. Learned AGA argued opposing the petition.
6. Perusal of order passed by the Assistant Commissioner shows that respondent No.5 pleaded before the Assistant Commissioner that 12 guntas of land was granted to her in Sy.No.24/8. However, after adjudicating the appeal, Assistant Commissioner has set-aside the MR Entries No.2/1993-94 & 3/1993-94 which are in respect of three properties and directed that appellant’s name (respondent No.5 herein) be entered in revenue records as per the Gift Deed. Deputy Commissioner has confirmed the said order. Since, the dispute is only in respect of 12 guntas of land, ends of justice would be met by directing the Tahasildar to maintain revenue entries in respect of 13 guntas in Sy.No.24/7 and 27 guntas in Sy.No.24/1 in the name of petitioner and 28 guntas in Sy.No.24/8 in the name of petitioner. Name of respondent No.5 shall be entered in respect of 12 guntas in Sy.No.24/8.
7. Learned advocate for the petitioner submitted that petitioner claims a whole of 1 acre in Sy.No.24/8. Petitioner shall be at liberty to work out her claim before appropriate Civil Court.
8. Petition disposed of with the above observations.
No costs.
Sd/- JUDGE AV