IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.34003/2018(KLR-RES) BETWEEN 1. SMT. SATHYAMMA W/O LATE REVANNA GOWDA, AGED ABOUT 66 YEARS, 2. SRI H.L. GURU MURTHY S/O LATE LOKANNA GOWDA, AGED ABOUT 58 YEARS, 3. SRI H.R. RAJAKUMAR S/O LATE RAMANNA GOWDA, AGED ABOUT 48 YEARS ALL ARE R/O HALAVANAHALLI VILLAGE, AGRAHARA HOBLI, THIRTHAHALLI TALUK, SHIVAMOGGA DISTRICT-577201. ... PETITIONERS (BY SRI M R RAJAGOPAL, ADVOCATE) AND 1. THE ASSISTANT COMMISSIONER SHIVAMOGGA SUB-DIVISION SHIVAMOGGA- 577201 2. THE TAHSILDAR THIRTHAHALLI TALUK THIRTHAHALLI SHIVAMOGGA DISTRICT-577201. ... RESPONDENTS (BY SRI VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOs.1 AND 2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE SECOND RESPONDENT TO GIVE EFFECT TO THE ORDER DATED 31.12.1996 PASED BY THE FIRST RESPONDENT IN No.PDA/105/95-96 AS PER ANNEXURE-D AND ALSO TAKEN NOTE OF THE ORDER DATED 04.03.1998 PASSED BY THIS HON'BLE COURT IN W.P.No.5270/1997 AS PER ANNEXURE-F FORTHWITH AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In this writ petition, petitioners have sought for a direction to the second respondent – Tahasildar, Thirthahalli Taluk, to give effect to the order dated 31.12.1996 vide Annexure ‘D’ to the petition passed by the first respondent - Assistant Commissioner, Shivamogga sub-division, Shivamogga, in proceedings No.PDA:105:95-96 and also to take note of the order dated 04.03.1998 (Annexure ‘F’ to the petition) passed by learned single Judge of this Court in W.P No.5270/1997.
2. Heard the learned counsel for the petitioner and learned Additional Government Advocate appearing for respondent Nos.1 and 2. Perused the material on record.
3. Today, Sri Anandappa Naik, Tahasildar of Thirthahalli Taluk, is present before the Court. He would submit that the order dated 31.12.1996 (Annexure ‘D’ to the petition) passed by the first respondent – Assistant Commissioner in proceedings No.PDA:105:95-96 is implemented in the light of the order dated 04.03.1998 (Annexure ‘F’ to the petition) passed by learned single Judge of this Court in W.P. No.5270/1997 and pursuant to the subsequent direction issued by this Court on 15.03.2019. In that behalf, Tahasildar has furnished communication dated 28.03.2019 addressed by him to Assistant Registrar of this Court, wherein he has explained in detail the action taken by him. The same is placed on record.
4. In the meanwhile, application in I.A. No.1/2019 is filed by 11 persons seeking permission of this Court to get themselves impleaded as respondents in this writ petition on the premise that the property which is now registered in the name of the petitioners is Government land and khata should not be done in their favour. However, in this proceedings, they cannot be permitted to come on record.
5. Accordingly, application in I.A. No./2019 is dismissed reserving liberty to the applicants to approach this Court by filing a writ petition in their individual capacity and demonstrate before this Court that they have right to seek an order to set aside the khata, which is made in the name of the petitioners.
6. Now, coming to the main petition, the order dated 31.12.1996 passed by the first respondent – Assistant Commissioner being complied by the Tahasildar, Thirthahalli Taluk, nothing survives for consideration in this petition. Accordingly, this Writ Petition is disposed of.
7. Learned Additional Government Advocate is directed to file memo of appearance within two weeks from today.
sma Sd/- JUDGE