Karnataka High Court
Shashi Kumar vs The State Of Karnataka on 17 November, 2022
Bench: Krishna S.Dixit
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.22493 OF 2022 (KLR - RR/SUR)
BETWEEN:
1. SHASHI KUMAR,
S/O LATE MAHADEVAPPA,
AGED ABOUT 41 YEARS,
2. M. PRAKASH,
S/O LATE MAHADEVAPPA,
AGED ABOUT 35 YEARS,
3. RUDRESH,
S/O CHANDRASHEKAR,
AGED ABOUT 29 YEARS,
ALL ARE R/AT CHIKKANAHALLI,
KAMANAHALLI VILLAGE,
SARJAPURA HOBLI, ANEKAL TALUK,
BENGALURU URBAN DISTRICT.
...PETITIONERS
(BY SRI.B.RAMESH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REVENUE DEPARTMENT,
M.S.BUILDING,
DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
REPRESENTED BY ITS SECRETARY.
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2. THE ASSISTANT COMMISSIONER,
BENGALURU SOUTH
SUB DIVISION, KANDAYA BHAVAN,
BENGALURU - 560 009.
3. THE TAHSILDAR,
ANEKAL TALUK, ANEKAL,
BENGALURU URBAN DISTRICT.
4. SMT. CHANDRAMMA,
W/O LATE RUDRAPPA,
AGED ABOUT 69 YEARS,
R/AT NEAR SRIRAM TEMPLE,
CHANDAPURA,
CHANDRAPURA, CHITRAKANE,
ATTIBELE HOBLI, ANEKAL TALUK,
BENGALURU - 560 099.
5. SRI. C.R.ASWATHNARAYANA,
SON OF LATE C.RAMA RAO,
AGED ABOUT 69 YEARS,
R/A MAHAL CHOWDADENAHALI VILLAGE,
SARJAPURA HOBLI, ANEKAL TALUK,
BENGALURU URBAN DISTRICT.
...RESPONDENTS
(BY SRI.R.SRINIVASA GOWDA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED 20.12.2021 PASSED BY THE R2 IN CASE NO.RA
(A) NO.659/2021 WHICH IS PRODUCED AND MARKED AS
ANNEXURE - K AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
Petitioner is knocking at the Writ Court laying a
challenge to the order dated 20.12.2021 passed by the
Assistant Commissioner in RA.No.659/2021 (Annexure-K)
whereby some adverse entries have been made in favour of
the contesting private Respondents. Learned counsel for the
Petitioners vehemently argues that the impugned order is
unsustainable inasmuch as, his client has already obtained
injunctive relief although by way of temporary order in
O.S.No.292/2018 pending on the file of learned Senior Civil
Judge, Anekal. They also notifie to the Court that another
suit in O.S.No.290/2022, wherein a decree for declaration
of title is sought for in respect of very the same property.
They have been granted an order of temporary injunction in
this case, as well. So arguing, he seeks idulgence of the
Writ Court.
2. Learned AGA appearing for the official
Respondents opposes the petition largely banking upon the
intent of the legislature as expressed in proviso to Section
135 of the Karnataka Land Revenue Act, 1964 contending
that whatever the entries that are sought to be made
pursuant to the impugned order, shall be subject to out
come of the declaration suit and therefore, there is no
justifiable reason warranting indulgence of Writ Court, more
particularly when exercises a limited supervisory
jurisdiction constitutionally under Article 227. He
adumbrates his submission pointing out the interim
protection already obtained by the petitioner at the hands
of the Civil Court, one in injunctive suit and another in
declaration suit.
3. Having heard the learned counsel for the parties
and having perused the petition papers, this Court is
broadly in agreement with the submission made by the
learned AGA and therefore, declines indulgence in the
matter. However, it is made clear that the orders of the
Deputy Commissioner or Assistant Commissioner made in
RTS proceedings shall not be made use of by any of the
parties in the pending suits.
In the above circumstances, this Writ Petition is
disposed off with the above observations. All contention
having been kept to be treated in the pending suits.
Registry shall send a copy of the judgment to the
private respondents by Speed Post.
Costs made easy.
Sd/-
JUDGE
DS
