Lakshmamma vs The Executive Officer
2022 Latest Caselaw 7311 Kant

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

           DATED THIS THE 23RD DAY OF MAY, 2022

                           BEFORE

            THE HON'BLE Mr. JUSTICE R.NATARAJ

       WRIT PETITION No.14564 OF 2011 (LB-RES)

BETWEEN:

LAKSHMAMMA
D/O LATE ANGAPPA,
AGED ABOUT 65 YEARS,
R/AT MANJALANAGARA VILLAGE,
YELDUR HOBLI,
SRINIVASAPURA TALUK, KOLAR.
(SENIOR CITIZEN BENEFIT NOT CLAIMED)
                                                ...PETITIONER
(BY SRI. R BHADRINATH, ADVOCATE)

AND:

1. THE EXECUTIVE OFFICER
   TALUK PANCHAYATH,
   SRINIVAPUR TALUK,
   SRINIVASPUR.

2. SECRETARY
   LAKSHMISAGARA GRAMAPANCHAYATH,
   YELDUR HOBLI,
   SRINIVASPUR TALUK.

3. THE PRESIDENT
   ZILLA PANCHAYATH KOLAR.

4. CHIKKA VENKATAESHAPPA
   S/O ANGAPPA,
                                    2
                                                       W.P.No.14564/2011



  AGED ABOUT 59 YEARS,
  R/AT MANJALANAGARA VILLAGE,
  YELDUR HOBLI,
  SRINIVASPUR TALUK, KOLAR.
                                                      ...RESPONDENTS
(BY SRI. KALYAN R, ADVOCATE FOR R1 & R2;
    R3 SERVED; SRI. N MURALI, ADVOCATE FOR R4)

     THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
PASSED BY THE PRESIDENT ZILLA PANCHAYATH AT KOLAR IN
APPEAL NO.4/2009/2010 DATED 7.1.2010 AS PER ANNEXURE-C.

     THIS WRIT PETITION COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:

                               *****

                              ORDER

The petitioner has challenged the order passed by

respondent No.3 dated 7.1.2010 setting at naught an order

dated 10.6.2009 passed by respondent No.1 and directing the

continuation of the name of respondent No.4 in the assessment

register of the property bearing No.54/1 of Manjalanagara,

Yeldur Hobli, Srinivaspur Taluk, measuring 54 feet x 12 feet.

2. The learned counsel for the petitioner and

respondent No.4 after arguing the Writ Petition for sometime

submits that the petitioner had filed O.S.No.80/2011 for

W.P.No.14564/2011

declaration of title as well as recovery of possession and for

mandatory injunction to enter the name of petitioner in the

Assessment Register Extract in respect of property bearing

Assessment No.37 measuring East to West 30 feet and North to

South 45 Feet lying within the limits of respondent No.2. The

learned counsel submitted that the said suit was decreed on

21.8.2018 which was challenged by respondent No.4 in

R.A.No.117/2018 which was allowed in part and the judgment

and decree in O.S.No.80/2011 was set-aside insofar as it related

to the mandatory injunction granted by the Trial Court directing

entering of the name of petitioner in the Assessment Register

Extract. The petitioner has thereafter challenged the order

passed in R.A.No.117/2018 before this court in

R.S.A.No.917/2020 which is pending consideration. The learned

counsel therefore submitted that the entries in the Assessment

Register Extract may be subject to the result of

R.S.A.No.917/2020.

In view of the aforesaid submission, this Writ Petition is

disposed off directing the respondent No.2 to await the outcome

W.P.No.14564/2011

of the proceedings in R.S.A.No.917/2020 and thereafter enter

the khata in the name of the person who succeeds in

R.S.A.No.917/2020.

Sd/-

JUDGE

cbc