IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NOS.7316 OF 2017 AND 44763 OF 2017(KLR-RR/SUR) BETWEEN:
SRI DASEGOWDA @ SWAMY GOWDA, S/O VENKATEGOWDA, AGED ABOUT 75 YEARS, R/AT GUNDATHUR VILLAGE, ANTHARASANTHE HOBLI, H.D.KOTE TALUK, MYSORE DISTRICT – 571 114. ... PETITIONER (BY SMT H.R.VASUDHA, ADVOCATE) AND:
SRI DASAPPA SINCE DEAD BY LEGAL REPRESENTATIVES 1. SMT PADMA, W/O LATE DASAPPA, AGED ABOUT 55 YEARS, 2. SMT. NEETHA, W/O SOMASHEKHAR, D/O LATE DASAPPA, AGED ABOUT 35 YEARS, R/AT NO.1603, CHAMUNDESWARI, DEVASTHANADA ROAD, HOUSING BOARD COLONY, H.D.KOTE TALUK, HEGGADADEVANAKOTE-571 114, MYSORE DISTRICT.
3. SRI MANOJ KUMAR S/O DASAPPA, AGED ABOUT 32 YEARS, 4. SRI NIRANJAN S/O DASAPPA, AGED ABOUT 30 YEARS, R1 AND R3 AND R4 ARE R/AT NO.41/1-5A, "VENKATALAKSHMI NILAYA", 13TH CROSS, BEHIND GOPIKA AGARBHATTI, RAMANUJA ROAD, AGARAHARA, MYSORE-570 004.
5. THE TAHSILDAR, MINI VIDHANA SOUDHA, MYSORE TQ., MYSORE-570 010.
6. THE ASSISTANT COMMISSIONER, MYSORE SUB DIVISION, MYSORE-570 005.
7. THE DEPUTY COMMISSIONER MYSORE DISTRICT, MYSORE-570 005.
8. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVT.OF KARNATAKA, REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560 001. ... RESPONDENTS (BY SRI T.L.KIRAN KUMAR, AGA FOR R5 TO R8) - - -
These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order dated 08.10.2010 passed by the Tahsildar, Mysore Taluk, Mysore in case No.R.R.C.(T) 24/10-11 found at Annexure-C and the order dated 03.09.2011 passed by the Assistant Commissioner, Mysore Sub-Division, Mysore, Case No.R.R.T.(A)185/2010-11 found at Annexure-D and the order dated 27.01.2016 passed by the Deputy Commissioner, Mysore District, Mysore, in case No.Revision 63/2013-14 found at Annexure-E and allow these Writ Petitions and etc., These Writ Petitions coming on for Preliminary Hearing this day, the Court made the following:-
ORDER The petitioner herein is elder brother of deceased 1st respondent Dasappa. After the death of Dasappa one of his legal heir namely Smt.Padma, his widow, is also no more. Therefore, in these writ petitions, the contesting respondents are the niece and nephews of petitioner i.e., respondent No.2 - Neetha and respondent Nos.3 and 4 – Manoj Kumar and Niranjan. The other respondent Nos.5 to 8 are the officers of revenue department.
2. These writ petitions are filed by the petitioner impugning Annexures-C, D and E, which are respectively the orders passed by respondent Nos.5, 6 and 7 in the proceedings which was pending before them with reference to registering the name of petitioner as khatedar in the revenue records of land bearing Sy.No.10/5 measuring 1 acre 33 guntas and Sy.No.10/6A measuring 2 acres 9 guntas, both situtated at Lingamboodi Village, Kasaba Hobli, Mysuru Taluk. The orders which are impugned in these petitions namely Annexures-C, D and E would indicate that the application filed by the petitioner seeking to register the aforesaid two properties in his name based on an unregistered palupatti is rejected on the ground that the khata of the said properties was registered in the name of deceased respondent Dasappa based on sale deed executed in his favour on the premise that registered document would prevail over an unregistered palupatti which cannot be accepted as proof of title. It is also seen that with reference to aforesaid two properties, there is already a suit filed by the petitioner herein in O.S.No.187/2004 on the file of II Addl. Civil Judge and JMFC, Mysuru between the petitioner and erstwhile respondent Dasappa.
3. In that view of the matter, the authorities namely respondent Nos.5, 6 and 7 have felt that until the same is decided, the question of entertaining the application filed by the petitioner to register him as khatedar of the said properties does not arise which appears to be just and proper in the fact situation.
4. Therefore, this Court would observe that the present writ petitions are premature in nature. The petitioner herein shall pursue the suit initiated by him for the relief of partition which is now said to be at the stage of second appeal; that is, suit filed by petitioner in O.S.No.187/2004 being dismissed on 7.7.2014; the appeal in R.A.No.797/2016 filed by the petitioner herein on the file of the III Addl. District Judge, Mysuru which is also dismissed by judgment dated 13.3.2017; against which a second appeal is said to have been filed in R.S.A.No.677/2017. In that view of the matter, this Court feels that the question of interfering with the order of respondent Nos.5 to 7 which are at Annexures-C, D and E does not merit consideration in these writ petitions.
Accordingly, writ petitions are dismissed.
Sd/- JUDGE RV