IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.43728 OF 2016 (KLR-RR/SUR) BETWEEN :
1. SRIKANTIAH S/O LATE KENCHEGOWDA AGED ABOUT 64 YEARS 2. KEMPANANJAIAH S/O LATE KENCHEGOWDA AGED ABOUT 62 YEARS 3. SHIVANANJIAH S/O LATE KENCHEGOWDA AGED ABOUT 59 YEARS 4. SHIVANINGAIAH S/O LATE KENCHEGOWDA AGED ABOUT 55 YEARS 5. VISHAKANTAIAH S/O LATE KENCHEGOWDA AGED ABOUT 53 YEARS ALL ARE R/AT BASAVANA BANNIKUPPE CHEELUR POST, KASABA HOBLI KANAKAPURA RAMANAGARA DIST-562 112 … PETITIONERS (BY SHRI. K. PRADEEP NAIK, ADVOCATE) AND :
1. SMT. SHIVALINGAMMA W/O LATE DYAVALINGAIAH AGED ABOUT 50 YEARS 2. SRI. KRISHNA S/O LATE DYAVALINGAIAH AGED ABOUT 30 YEARS BOTH ARE R/AT KAMASAGARADODDI VILLAGE KANAKAPURA TALUK RAMANAGARA DIST-562 117 3. THAHASILDHAR KANAKAPURA TALUK KANAKAPURA-562 117 4. THE ASSISTANT COMMISSIONER RAMANAGARA SUB DIVISION RAMANAGARA-571 511 5. THE DEPUTY COMMISSIONER RAMAHAGARA DIST RAMANAGARA-571 511 ... RESPONDENTS (BY SHRI. Y.D. HARSHA, AGA FOR R3 TO R5;
SHRI. M.H. PRAKASH, ADVOCATE FOR R-1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ANNEX-C, I.E., THE ORDER PASSED BY THE R-3 DTD.27.11.2000, ANNEX-E I.E., THE ORDER PASSED BY THE R-4 DTD.20.4.2009 & ANNEX-F I.E., THE ORDER PASSED BY THE R-5 DTD.26.8.2014, BY DIRECTING THE R-3 TO 5 TO ENTER THE NAME OF THE PETITIONERS IN REVENUE RECORDS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri K.Pradeep Naik, learned advocate for the petitioners, Shri Y.D.Harsha, learned AGA for the State and Shri M.H.Prakash, learned advocate for respondents No.1 and 2.
2. Petitioners’ father one Shri Kenchegowda purchased subject properties under a registered Sale Deed dated 16.03.1994 from Smt. Chikkamadamma and Shri Dyavalingaiah (husband of respondent No.1) during the pendency of O.S.No.334/1993 filed by respondents No.1 & 2 against Smt. Chikkamadamma and Shri Dyavalingaiah seeking maintenance. After sale transaction, Kenchegowda’s name was entered in revenue records.
3. Subsequently, respondents No.1 & 2 approached Tahasildar to get their names entered in the revenue records. Accordingly names of respondents No.1 & 2 were entered in revenue records. Feeling aggrieved, petitioners’ mother Smt.Channamma, approached the Assistant Commissioner, Ramanagara, in RA (LKP) No.560/2006-07. Assistant Commissioner dismissed the said appeal. Feeling aggrieved, petitioners filed a Revision Petition in R.P.No.33/2009-10 before the Deputy Commissioner, Ramanagara. The same has also been dismissed by order dated 26.08.2014. Hence, this writ petition.
4. During the course of argument, learned advocate for the private respondents submitted that petitioners have already filed a suit for declaration in O.S.No.198/2016 on the file of Civil Judge (Sr.Dn.), Kanakapura. Therefore, the rights of the parties will have to be determined in the said suit.
5. In view of the above, it would be appropriate to direct the parties to maintain Status quo regarding possession and revenue entries. Parties shall be governed by the outcome of the aforesaid suit.
Ordered accordingly. Petition disposed of.
No costs.
Sd/- JUDGE AV