IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.12928 OF 2019 (KLR-RES) BETWEEN :
1. SRI. K.R. SHIVANNA S/O LATE RUDRAPPA AGEDA BOUT 57 YEARS 2. SRI. MARISWAMY SINCE DEAD BY HIS LR’S SMT. P. PRABHAVATHI W/O LATE SRI. MARISWAMY AGED ABOUT 46 YEARS BOTH ARE R/AT KOMMASANDRA VILLAGE SARJAPURA HOBLI ANEKAL TALUK BENGALURU URBAN DISTRICT … PETITIONERS (BY SHRI. K.N. SRINIVASA, ADVOCATE) AND :
1. THE DEPUTY COMMISSIONER BENGALURU DISTRICT KANDAYA BHAWANA, K.G. ROAD BENGALURU-09 2. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION KANDAYA BHAWANA, K.G. ROAD BENGALURU-09 3. THE TAHASILDAR ANEKAL TALUK ANEKAL 4. SMT. MANGALAMMA W/O LATE BASAVARAJA AGED ABOUT 47 YEARS R/AT KOMMASANDRA VILLAGE SARJAPURA HOBLI ANEKAL TALUK BENGALURU URBAN DISTRICT ... RESPONDENTS (BY SHRI. Y.D. HARSHA, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 15.02.2019 PASSED BY THE R-1 IN R.P.NO.79/2015-16 VIDE ANNEXURE-G AND ALSO THE ORDER DATED 07.04.2015 PASSED IN R.A.(A) 438/2014-15 BY THE R-2 IN RESPECT OF THE SCHEDULE PROPERTY VIDE ANNX-E BY RESTORING THE ORIGINAL ENTRIES MADE UNDER M.R.NO.5/2004-06 VIDE ANNEXURE-B.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri K.N.Srinivasa, learned advocate for the petitioners and Shri Y.D.Harsha, learned AGA for the State.
2. Learned advocate for petitioners submitted that names of petitioners were entered in Revenue records as per MR.No.05/2004-05 based on a family partition. Respondent No.4-wife of one Shri Basavaraju who belongs to the family of other branch headed by one Shri Mariyappa challenged the Revenue entries made in the names of petitioners before the Assistant Commissioner. By order dated 07.04.2015, the Assistant Commissioner allowed the appeal. Feeling aggrieved, petitioners challenged the Assistant Commissioner’s order before the Deputy Commissioner in R.P.No.79/2015-16 and the same has been dismissed by order dated 15.02.2019. Hence, this writ petition.
3. During the course of argument, learned AGA submitted that petitioners have already filed O.S.No.753/2015 on the file of Senior Civil Judge, Anekal, as recorded by the Deputy Commissioner. Further to the pointed query made by this Court as to who is in possession of the property, learned advocate for the petitioners, in his usual fairness, submitted that respondent No.4 has already sold the property in question under a Sale Deed dated 01.03.2019.
4. Thus, the undisputed facts are petitioners have filed a suit for declaration. During the pendency of the suit, property in question has been alienated to a third party. In the circumstances, parties will be governed by the final outcome of the suit.
5. Petition is accordingly disposed of with the above observations.
No costs.
Sd/- JUDGE AV