Karnataka High Court
Shivappa vs The Deputy Commissioner on 18 January, 2022
Bench: S.Sujatha, Ravi V Hosmani
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 18TH DAY OF JANUARY, 2022
PRESENT
THE HON'BLE MRS. JUSTICE S SUJATHA
AND
THE HON'BLE MR. JUSTICE RAVI V. HOSMANI
W.A. No.1324/2021 (KLR-RES)
BETWEEN:
1. SHIVAPPA S/O BASAPPA
AGED ABOUT 65 YEARS
2. RANGESH S/O KARIYAPPA
AGED ABOUT 35 YEARS
3. LAKSHMAMMA W/O ANJINAPPA
AGED ABOUT 60 YEARS
4. RENUKAMMA W/O SHIVAPPA
AGED ABOUT 59 YEARS
5. KARIYAPPA S/O NAGAPPA
AGED ABOUT 69 YEARS
6. ANJINAPPA S/O BASAPPA
AGED ABOUT YEARS
ALL ARE RESIDENTS OF
N BALLEKERE, V PALYA POST
HIREGUNTANOORU HOBLI
2
CHITRADURGA TALUK
CHITRADURGA - 577 520.
... APPELLANTS
[BY SRI HIREMATHAD MAHESHIAH RUDRAYYA, ADV.,
(VC)]
AND:
1. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT
CHITRADURGA -577 520.
2. THE ASSISTANT DIRECTOR OF LAND
RECORDS
CHITRADURGA TALUK
CHITRADURGA DISTRICT-577 520.
3. BHOOMAPANA TANTRIKA SAHAYAKARU
AND PADANIMITTA DEPUTY DIRECTOR
OF LAND RECORDS, REVENUE DEPARTMENT
CHITRADURGA DISTRICT
CHITRADURGA-577 520.
4. TAHSILDAR
REVENUE DEPARTMENT
CHITRADURGA TALUK/DISTRICT
CHITRADURGA-577 520.
5. SRI THIPPANNA S/O BELOORAPPA
AGED ABOUT 67 YEARS
NO-55A, NELLIKATTE VILLAGE
V PALYA POST, HIREGUNTANOORU HOBLI
CHITRADURGA TALUK
CHITRADURGA -577 520.
... RESPONDENTS
[BY SRI SHASHIKUMAR G.V., AGA FOR R-1 TO R-4
(VC)]
3
THIS WRIT APPEAL IS FILED UNDER SECTION 4
OF THE KARNATAKA HIGH COURT ACT PRAYING TO
CALL FOR THE ENTIRE RECORDS IN WP
No.33308/2019 AND GRANT THE PETITIONER THE
FOLLOWING RELIEFS. TO SET ASIDE THE ORDER
DATED 25.02.2021 PASSED BY THE LEARNED SINGLE
JUDGE IN WP No.33308/2019 AND DISMISS THE WP
No.33308/2019.
THIS APPEAL COMING ON FOR ORDERS, THIS
DAY, S. SUJATHA J., DELIVERED THE FOLLOWING:-
JUDGMENT
The appellants claiming to be the affected parties
who are in unauthorised possession of the land
measuring 13 Acres 35 Guntas in Sy.No.13/2 of N.
Balla katte Village, Hireguntanooru Hobli, Chitradurga
Taluk, Chitradurga District have filed this appeal
challenging the order dated 25.02.2021 passed in
W.P.No.33308/2019.
2. The original petitioner/respondent no.5 has
filed W.P.No.33308/2019 seeking for the following
reliefs.
a) Issue a writ of mandamus directing
the respondents to consider the
representation dated 01.06.2019 to
respondent nos.1 and 4 and
02.07.2019 to respondent nos. 2 and
3 and on vide Annexures - D1, D2, D3
and D4 by the petitioner request letter
to survey the land as per the revenue
records measure the land and release
from the unauthorised acquisition.
b) Issue such other writ or order as this
Hon'ble Court deems necessary in the
facts and circumstances of this case in
the interest of justice and equity.
3. Learned Single Judge considering the
material on record directed the official respondents no.2
and 3 therein - District Commissioner and Assistant
Director of Land Records respectively to redress the
grievance of the petitioner within a period of three
months from the date of the receipt of the said order
and communicate the decision to the petitioner at the
earliest.
4. It is the grievance of the appellants that the
said order has been passed by the Learned Single Judge
without providing an opportunity of hearing to these
appellants. The original petitioner has ingeniously filed
the writ petition without arraying these appellants as
parties to the proceedings who indeed are proper and
necessary parties for the effective adjudication of the
dispute raised by the petitioner.
5. Learned AGA has filed a memo dated
17.01.2022 submitting that the Revenue Authorities
have implemented the order of learned Single Judge
dated 25.02.2021 by removing encroachment after
conducting survey and handed over possession of the
land in favour of respondent no.5 herein/Tippanna. The
copies of the report, mahazar, statement, sketch and
RTC are placed on record. Accordingly, it is prayed that
the writ appeal having become infructuous deserves to
be dismissed.
6. Appellant has filed an affidavit disputing the
memo filed by the learned AGA on behalf of the
Government. It is submitted in the affidavit that the
contents of the memo are false and the documents
placed on record are fabricated. It is based on the
statement of respondent no.5 herein that the possession
of the land has been taken, the documents are created.
Indeed, the appellants are still in possession of the
property in question and accordingly seeks for rejection
of the memo along with annexed documents thereto,
filed by the respondent authorities.
7. We have heard the learned counsel for the
appellant, as well as learned AGA for the respondent
authorities and perused the material on record.
8. In view of the memo filed by the respondent
authorities along with the documents, we are of the
considered opinion that the official respondents have
complied with the order of the learned Single Judge
dated 25.02.2021, impugned herein. In view of the
compliance of the order as aforesaid, the writ appeal
has rendered infructuous. If the appellants dispute the
possession said to have been taken by respondent no.5
in terms of the documents now placed on record, they
have to seek redressal of their grievance before the Civil
Court. No dispute of this civil nature could be
adjudicated in this writ appeal proceedings, hence this
writ appeal is dismissed with liberty to the appellants to
seek redressal of their grievance before the appropriate
Civil Court in accordance with law. If such proceedings
are initiated, Civil Court shall consider the same on
merits in accordance with law.
9. For the reasons aforesaid, we decline the
permission sought by the appellants to prosecute the
appeal, hence, all the pending applications are
dismissed accordingly.
Resultantly, Writ Appeal stands dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
BVK
