IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.42668/2011(KLR-RR/SUR) BETWEEN SRI THIMMEGOWDA @ KARIGOWDA S/O BUDRU BASAVEGOWDA AGED ABOUT 65 YEARS R/O BUDIGUPPE VILLAGE KASBA HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT …PETITIONER (BY SRI SHIVASWAMY, ADVOCATE) AND 1. THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANGARA 2. THE ASSISTANT COMMISSIONER RAMANAGARA SUB-DIVISION RAMANAGARA RAMANAGARA DISTRICT 3. THE TAHSILDAR KANAKAPURA TALUK KANAKAPURA RAMANAGARA DISTRICT 4. SRI BASAVEGOWDA S/O BUDRU BASAVEGOWDA AGED ABOUT 70 YEARS R/O BUDIGUPPE VILLAGE KASBA VILLAGE KANAKAPURA TALUK RAMANGARA DISTRICT ... RESPONDENTS (BY SRI T.S.MAHANTESH, AGA FOR R1 TO R3 VIDE ORDER DATED 15.03.2017, PETITION AGAINST R4 IS ABATED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE 1ST RESPONDENT DEPUTY COMMISSIONER, RAMANAGARA DISTRICT IN CASE NO.REVISION PETITION NO.109/2008-09 DATED 10.11.2010 VIDE ANNEXURE-D, REGARDING CHANGE OF KATHA IN RESPECT OF LAND BEARING SY.NO.402/5 FOR AN EXTENT OF 24 GUNTAS SITUATED AT BUDIGUPPE VILLAGE, KASBA HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner and 4th respondent are brothers. Petitioner herein is impugning the order of 2nd respondent which is in accepting the mutation entry with reference to 8 guntas of land in Sy.No.402/4 of Budiguppe Village, Kasba Hobli, Kanakapura Taluk in the name of 4th respondent.
2. Admittedly, the property in question was the property of Badru Basavegowda who had 3 sons i.e., petitioner – Timmegowda, 4th respondent – Basavegowda and one more brother by name Papanna. The records would indicate that Papanna who is brother of petitioner and 4th respondent got himself separated from the joint family of 3 brothers in the year 1952 by executing a registered Relinquishment Deed dated 16.2.1952 vide Annexure-A in the office of the Sub Registrar, Kanakapura. Admittedly, under the said Relinquishment Deed what has come to the share of Papanna is land bearing Sy.No.364/1 of Kanakanahalli village, measuring to an extent of 22 guntas and a house situated in the said village. Except that, all other properties of Badru Basavegowda is left to the joint possession of petitioner - Thimmegowda and his elder brother 4th respondent - Basavegowda.
3. When matter stood thus, there appears to be a sale deed executed by Papanna in favour of 4th respondent on 17.6.1992 with reference to 8 guntas of land in Sy.No.402/5. Pursuant to which katha is also entered in MR.No.150/1992-93 by the Tahsildar, Kanakapura Taluk which was subject matter of challenge before the Assistant Commissioner, Ramanagara Sub Division in Appeal No.RA(LKP) 30/2005-06 by the petitioner and the same was allowed by order dated 19.9.2008 in setting aside the aforesaid MR.No.150/1992-93 and remanded the matter back to the Tahsidlar for re-consideration. Against the said order, 4th respondent – Basavegowda challenged that order in Revision before the Deputy Commissioner, Ramanagara, in RP.No.109/2008-2009 wherein the order of the Assistant Commissioner is set aside and the mutation entry is ordered to be continued in the name of 4th respondent – Basavegowda, which is subject matter of challenge in this writ petition.
4. On going through the material available on record, this Court is unable to accept the order passed by the Deputy Commissioner, Ramanagara, for the reason that as on 1952 when Papanna opted himself out of the joint family by executing Relinquishment Deed what he took for his share is only two properties i.e., land bearing Sy.No.364/1 of Kanakanahalli village to an extent of 22 guntas and a house situated in the said village. Barring these two properties, none of the properties were taken by him as could be seen from the registered Relinquishment Deed. When that being the situation, how he could execute the sale deed in respect of 8 guntas of land in Sy.No.402/5 of Budiguppe village, which belonged to the joint family consisting of petitioner and 4th respondent and on that count alone the order impugned does not stand to reason. Therefore, the order dated 19.9.2008 passed by the Assistant Commissioner, Ramanagara, in No.RA(LKP).30/2005-06 appears to be just and proper both on facts as well as on legal provisions and the order passed by the Deputy Commissioner in reversing the same, is erroneous. Hence, the order dated 10.11.2010 passed by the Deputy Commissioner, Ramanagara, in Revision Petition No.109/2008-09 is hereby quashed and the earlier MR number is ordered to be continued in the name of the petitioner.
Accordingly, this writ petition is allowed.
Sd/- JUDGE nd/-