IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.1216 OF 2013 (KLR-RR SUR) BETWEEN:
SYED MOHIDEEN (SINCE DEAD BY HIS LRS) 1. SRI SYED MASTHAN, S/O LATE SYED MOHIDEEN, AGED ABOUT 60 YEARS, 2 . SRI NISSAR AHAMED S/O LATE MOHIDEEN, AGED ABOUT 59 YEARS, 3 . SRI NAZEER AHAMED S/O LATE SYED MOHIDEEN, AGED ABOUT 49 YEARS, 4 . SRI SYED ABEEBH S/O LATE SYED MOHIDEEN, AGED ABOUT 44 YEARS, ALL ARE RESIDING AT SHANKANIPURA VILLAGE, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT-562114.
...PETITIONERS (BY SRI. A.G.NAGARAJA, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS REVENUE SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDI, BANGALORE-560 001.
2 . THE ASSISTANT COMMISSIONER DODDABALLAPUR SUB DIVISION, VISVESHWARAIAH TOWERS, AMBEDKAR VEEDI, BANGALORE-560 001 3 . THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, VISVESHWARAIAH TOWERS, AMBEDKAR VEEDI, BANGALORE-560 001.
4 . THE TAHASILDAR HOSAKOTE TALUK, HOSAKOTE, BANGALORE (R) (D)-562114.
5 . THE REVENUE INSPECTOR KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT-562114.
6 . THE SIRESTHDAR HOSAKOTE TALUK, HOSAKAOTE, BANGALORE RURAL DISTRICT-562114.
7 . THE VILLAGE ACCOUNTANT LOKKAHANDAHALLI GROUP PANCHAYATH, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT-562114.
8 . SRI.SYED KASIM S/O SYED MASTHAN, AGED ABOUT 77 YEARS, RESIDING AT SHANKANIPURA VILLAGE, LAKKONDAHALLI, KASABA HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT-562114.
(BY SRI. Y.D.HARSHA, AGA FOR R1 TO R7, …RESPONDENTS SRI. M.NARAYANA REDDY, ADVOCATE FOR R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDERS DATED 05.05.2005 PASSED BY THE TAHASILDAR, HOSAKOTE TALUK, R.A.NO.16/2005-06 DATED 08.08.2005 BY THE ASSISTANT COMMISSIONER, DODDABALLAPUR SUB DIVISION AND THE ORDERS DATED 31.08.2012 PASSED IN THE REVISION PETITION NO.100/2005-
06 BY THE DEPUTY COMMISSIONER, RURAL DISTRICT, BENGALURU VIDE ANNEXURE-H, K & L.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioners’ father Syed Mohideen and respondent No.8 jointly purchased 1 acre 38 guntas of land in survey No.61/3, Shankanipura Village, Kasaba Hobli, Hosakote Taluk. They submitted an application to the Tahsildar/respondent No.4 to enter their names in the revenue records. Accordingly, their names were entered in the revenue records as per M.R. No.18/2004-05.
2. Being not satisfied with the order passed by the Tahsildar, the petitioners’ father approached the Assistant Commissioner. The Assistant Commissioner passed an interim order on 13/06/2005. However, on 08/08/2005. interim order was vacated. The said order was challenged by the petitioners before the Deputy Commission under Section 136(3) of the Karnataka Land Revenue Act and the same has been dismissed. Hence, this writ petition.
3. Learned counsel for the petitioners submitted that the order passed by the Deputy Commissioner is unsustainable because Assistant Commissioner’s order is bereft of any reasons.
4. Sri. Narayana Reddy, learned counsel appearing for contesting respondents submitted that the land has been jointly purchased by the petitioner and respondent No.8. The Tahsildar has rightly entered the names of both the parties in the revenue records.
5. I have carefully considered rival contentions and perused the records.
6. Undisputed fact is, petitioner has challenged the order dated 08/08/2005 passed by the Assistant Commissioner refusing to extend the interim order. The revision petition filed by the petitioners before the Deputy Commissioner has been dismissed. After dismissal of the revision petition what has happened is not forthcoming in records. Learned counsel for both sides submit that they are also not aware of the same. The Deputy Commissioner has passed the order on 31/08/2012 dismissing the application. This Court has granted stay on 25/02/2013. In the circumstances, it will be appropriate to direct the Assistant Commissioner to pass orders on the main matter.
7. Hence, the following;
ORDER The writ petition is disposed of with a direction to the Assistant Commissioner to dispose of R.A.No.16/2005-06 within three months from the date of receipt of a copy of this order, if not already disposed of.
No costs.
Sd/- JUDGE Msu