IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.55108/2015(LB-RES) BETWEEN:
SRI S K KAMAIAH S/O KEMPAIAH AGED ABOUT 63 YEARS R/AT GAJANAPALYA VILLAGE AMRUTHUR HOBLI, KUNIGAL TALUK TUMKUR DISTRICT-572 126 ... PETITIONER (BY SRI. M.SHIVAPRAKASH, ADV.) AND 1. THE TALUK PANCHAYATH KUNIGAL TUMKUR DISTRICT-572126 BY ITS EXECUTIVE OFFICER 2. THE JINNAGARA GRAMA PANCHAYATH KUNIGAL TALUK TUMKUR DISTRICT-572126 BY ITS PDO.
3. SRI CHANNAPPA @ PAPA S/O CHANNAIAH AGED ABOUT 43 YEARS R/AT SANABA VILLAGE AMRUTHUR HOBLI, KUNIGAL TALUK TUMKUR DISTRICT-572 126 ... RESPONDENTS (BY SRI. C.R.GOPALASWAMY, ADV. FOR R3, R1 & R2 ARE SERVED & UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS FROM THE OFFICE OF THE R-1 & 2 WITH RESPECT TO PROPERTY BEARING KHATHA NO.89 ASSIGNED WITH KHANESHUMARI NO.169 MEASURING AN EXTENT OF 40 FEET EAST TO WEST AND 60 FEET NORTH TO SOUTH SITUATED AT SANABA VILLAGE, KUNIGAL TALUK, TUMKURU DISTRICT AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In this writ petition, the petitioner is challenging the order passed by the respondent No.1 dated 9.3.2015 vide Annexure-J.
2. The case of the petitioner is that the petitioner is the absolute owner of the property bearing Katha No.89 assigned with Khaneshumari No.169 measuring 60X40 feet situated at Sanaba Village, Amruthur Hobli, Kunigal Taluk. The petitioner had filed a suit for permanent injunction in O.S.No.357/1989. The suit was decreed by judgment and decree dated 3.7.2007. Pursuant to the application filed by the petitioner, the respondent No.1-Taluk Panchayat passed an order dated 25.2.2009 vide Annexure-G to give effect to the judgment and decree passed by the Trial Court in O.S.357/1989. In the meantime, the respondent No.3 has given representation for change of katha in his favour in respect of Khaneshumari No.170 situated in the same village. Pursuant to that representation, the impugned order is passed vide Annexure-J. Being aggrieved by the same, the petitioner has filed this writ petition.
3. Sri.C.R.Gopalaswamy, the learned counsel appearing for the respondent No.3 submits that the writ petition is not maintainable since the impugned order vide Annexure-J is passed in respect of application/representation filed by the respondent No.3 in respect of Khaneshumari No.170. The property of the petitioner is Khaneshumari No.169. Therefore, in respect of the property of the petitioner is concerned, there is already an order passed by the respondent No.1 dated 25.2.2019 vide Annexure-G.
4. In reply to the submission of the learned counsel appearing for the respondent No.3, the learned counsel appearing for the petitioner submits that even though Annexure-G has been passed on 25.2.2009, the same has not been given effect to. He has filed an application seeking to implement the order dated 25.2.2009 vide Annexure-G.
5. Heard the learned counsel appearing for the parties and perused the records.
6. It is not in dispute that the petitioner is the absolute owner of the property bearing No.89 assigned with Khaneshumari No.169 measuring 60X40 feet situated at Sanaba Village, Amruthur Hobli, Kunigal Taluk. Pursuant to the judgment and decree dated 3.7.2007 passed in O.S.357/1989, respondent No.1-Taluk Panchayat passed an order dated 25.2.2009 vide Annexure-G to give effect to the judgment and decree passed by the Trial Court in O.S.357/1989. Further, pursuant to the application filed by respondent No.3, the Taluk Panchayat has passed an order dated 9.3.2015 vide Annexure-J in respect of Khaneshumari No.170. The impugned order dated 9.3.2015 passed vide Annexure-J has nothing to do with the property of the petitioner. In respect of the property of the petitioner is concerned, there is already an order passed by the respondent No.1 on 25.2.2009 vide Annexure-G.
7. Therefore, the only order that can be passed in this writ petition is to direct the concerned authority to implement the order dated 25.2.2009 vide Annexure-G.
With the above observation, the writ petition is disposed of.
Sd/- JUDGE DM