IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION No.25534/2017(KLR-RES) BETWEEN:
SMT.YALAMMA W/O LATE YALLA BHOVI AGED ABOUT 52 YEARS R/AT METIKURKE AIMANGALA HOBLI HIRIYURU TALUK CHITRADURGA DISTRICT – 577 501 (BY SRI KRISHNA.R, ADVOCATE) AND :
1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING BANGALORE – 560 001 2. THE TAHSILDAR HIRIYUR TALUK HIRIYURU CHITRADURGA – 577 501 3. THE LAND GRANT COMMITTEE HIRIYUR TALUK CHITRADURGA …PETITIONER BY CHAIRMAN …RESPONDENTS (BY SRI T.S.MAHANTESH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT 2ND RESPONDENT TO ISSUE THE TITLE DEED IN FORM NO.VI IN FAVOUR OF THE PETITIONER IN RESPECT OF 2 ACRES OF LAND IN SY.NO.29 PURSUANT TO THE ORDER OF REGULARISATION DATED 1.4.2013 AT ANNEXURE-B AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner- Yallamma, wife of late Yalla Bhovi has come up in this writ petition seeking writ of mandamus to direct the 2nd respondent to issue title deed in Form No.6 in favour of petitioner, in respect of 2 acres of land, in Sy.No.29 pursuant to the order of regularization dated 1.04.2013 at Annexure-B. Alternatively, she has also sought for a direction in the nature of mandamus directing 2nd respondent to consider the representation dated Nil, which is at Annexure-D.
2. Brief facts leading to this writ petition are:
Petitioner herein is said to be the grantee of 2 acres of land in Sy.No.29 of Metikurke village, Aimangala Hobli, Hiriyur Taluk, Chitradurga District. According to her, the order of grant was made on 1.04.2013, however, till today same is not given effect to.
3. When this writ petition is filed, learned AGA was directed to secure instructions from the concerned authorities. Accordingly, he would place before this Court that the villagers of Metikurke village have filed a Suit in O.S. No.54/2016 against the State as well as petitioner herein challenging the grant which is made in her favour. It is stated that the said challenge is in the background that the petitioner’s husband was already granted land in Block-I in Sy.No.52 of very same village measuring to an extent of one acre by order dated 26.3.1999. Therefore, the grievance of the villagers, who are plaintiffs in the said suit is that the grant made in favour of petitioner, who is 2nd defendant in O.S.No.54/2016 on the file of Principal Civil Judge (Sr.Dn), Hiriyur is in addition to the grant which is already made to the family of the petitioner. Therefore, same should not be entertained. It is in this background of aforesaid suit, issuance of saguvali chit is withheld for the reason that the competent authority is one of the defendant in the said suit.
4. In the aforesaid circumstances, this Court would observe that the present writ petition is premature in the nature. Admittedly, when grant made in favour of the petitioner is subject matter of lis in Civil Court in O.S.No.54/2016, any direction issued in this proceedings would affect the right of the litigants in the said proceedings.
5. Accordingly, this writ petition is disposed of reserving liberty to the petitioner to approach this Court after the dispute in O.S.No.54/2016 is resolved on the file of the Prl. Civil Judge (Sr.Dn), Hiriyur.
Sd/-
JUDGE ln.