IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NOS.22894-22895 OF 2011 (KLR-RR-SUR) BETWEEN:
SRI. SUBBEGOWDA S/O LATE BOREGOWDA AGED ABOUT 72 YEARS R/AT HABBANAKUPPE VILLAGE HANAGOD HOBLI HUNSUR TALUK -571 107 MYSORE DISTRICT 570 001.
... PETITIONER (BY SRI. A LOURDU MARIYAPPA, ADVOCATE) AND:
1. THE DEPUTY COMMISSIONER MYSORE DISTRICT MYSORE -570001.
2. THE ASSISTANT COMMISSIONER HUNSUR SUB DIVISION HUNSUR TALUK 571 105 MYSORE DISTRICT 570 001.
3. THE THASILDAR, HUNSUR TALUK 571 105 MYSORE DISTRICT 570 001 4. SMT. GOWRAMMA W/O KALEGOWDA AGED ABOUT 58 YEARS HABBANAKUPPE VILLAGE HANAGOD HOBLI HUNUSUR TALUK -571 105 MYSORE DISTRICT 570 001 5. SRI. DINESH S/O H. A. SHIVAPPA AGED ABOUT 41 YEARS HABBANAKUPPE VILLAGE HANAGOD TALUK -571 105 MYSORE DISTRICT 570 001 ... RESPONDENTS (BY SRI. T.S. MAHANTESH, AGA FOR R-1 TO R-3 SRI. ROHITH GOWDA, ADV. FOR R-4 SRI. SYED AKBAR PASHA, ADV. FOR SRI. MAHANTESH S. HOSMATH, ADV. FOR R-5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE FIRST RESPONDENT IN REV.PET.NO.9/2009-10 DATED 7.12.2010, AT ANNEXURE-K, IN RESPECT OF THE SCHEDULE LAND IN RESPECT OF LAND BEARING SY.NO.64/2 MEASURING 2 ACRE 7 GUNTAS OF LAND SITUATED AT HEBBANAKUPPE VILLAGE, HANAGODU HOBLI, HUNSUR TALUK AND ALSO QUASH THE ORDER PASSED BY THE SECOND RESPONDENT AUTHORITY IN R.A. NO.95/2003-04 DATED 12.10.2006 AT ANNEXURE-J AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING.
O R D E R The petitioner herein has come up in this Writ Petition impugning the concurrent findings rendered by the 2nd respondent-Assistant Commissioner in proceedings No.R.A.No.95/03-04 dated 12.10.2006 in directing the registration of katha of land measuring 2 acres 7 guntas out of 3 acres in Sy.No.64/2 of Habbanakuppe Village, Hanagodu Hobli, Hunsur Taluk in favour of Smt.Gowramma W/o Kalegowda, which is confirmed by the 1st respondent – Deputy Commissioner in proceedings bearing No.Revision-09/2009-10 disposed of by an order dated 07.12.2010 in rejecting the revision petition filed by the petitioner herein.
2. On verification of the material available on record, it is seen that initially the aforesaid extent of land was registered in the name of Subbegowda without there being any reference to title of the aforesaid land in his name, which was subject matter of challenge by 4th respondent-Gowramma before the Assistant Commissioner where she succeeded to get the revenue of the aforesaid land in her name which is confirmed by the 1st respondent – Deputy Commissioner.
3. In that view of the matter, this Court find that no justifiable grounds are made out to interfere in the said order.
Accordingly, Writ Petitions are dismissed.
Sd/- JUDGE Prs*