Sri Thimmaiah @ Thimmappa vs State Of Karnataka
2023 Latest Caselaw 10305 Kant

Karnataka High Court

Sri Thimmaiah @ Thimmappa vs State Of Karnataka on 12 December, 2023

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                                                               NC: 2023:KHC:45076
                                                              WP No. 1244 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                             DATED THIS THE 12TH DAY OF DECEMBER, 2023

                                               BEFORE
                                THE HON'BLE MR JUSTICE E.S.INDIRESH
                             WRIT PETITION NO. 1244 OF 2023 (KLR-RES)
                      BETWEEN:

                      SRI. THIMMAIAH @ THIMMAPPA,
                      S/O LATE GOVINDAPPA,
                      AGED ABOUT 67 YEARS,
                      R/AT VEERALANGONDI VILLAGE,
                      KASABA HOBLI,
                      PAVAGADA TALUK,
                      TUMKUR DISTRICT - 561 202.
                                                                     ...PETITIONER
                      (BY SRI. MUNIYAPPA.,ADVOCATE)

                      AND:

                      1.    STATE OF KARNATAKA,
                            DEPARTMENT OF REVENUE,
                            VIDHANA SOUDHA,
Digitally signed by
ARUN KUMAR M S              BENGALURU - 560 001.
Location: High
Court of Karnataka          REP BY ITS PRINCIPAL SECRETARY.

                      2.    THE DEPUTY COMMISSIONER,
                            TUMKUR DISTRICT,
                            MINI VIDHANA SOUDHA,
                            TUMKUR - 572 101.

                      3.    THE ASSISTANT COMMISSIONER,
                            MADHUGIRI SUB - DIVISION,
                            MADHUGIRI - 572 132.
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                                                  NC: 2023:KHC:45076
                                                WP No. 1244 of 2023




4.   THE TAHASILDAR,
     PAVAGADA TALUK,
     BELLARY ROAD,
     BANASHANKARI,
     PAVAGADA TALUK,
     TUMKUR DISTRICT - 571 202.

5.   SRI VENKATESH,
     S/O LATE DODDA THIMMAPPA,
     AGED ABOUT MAJOR,
     R/AT VEERALANGONDI VILLAGE,
     KASABA HOBLI,
     PAVAGADA TALUK,
     TUMKUR DISTRICT - 561 202.
                                                      ...RESPONDENTS
(BY SRI. MOHAMMAD JAFFAR SHAH.,AGA FOR R1 TO R4
    SRI. B.M. UMASHANKAR., ADVOCATE FOR R5)

        THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR THE RECORDS IN R.P NO.145/2021 ON THE FILE OF THE
DEPUTY COMMISSIONER,TUMKUR DISTRICT AND ALSO THE
PROCEEDINGS IN RRT.AP.59/2019.20 AND ETC.,

        THIS PETITION, COMING ON FOR PRELIMINARY HEARING

IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

                                 ORDER

Heard the learned counsels appearing for the parties.

2. In this writ petition, petitioner is assailing the order

dated 28.10.2022 in R.P.No.145/2021 passed by the

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respondent No.2 and order dated 15.09.2021 in

RRT:AP:59/2019-20 passed by the respondent No.3 (Annexure-

G and H) respectively.

3. Having heard the learned counsel appearing for the

parties and taking into account the finding recorded by the both

the respondent-authorities, it would indicate that the suit in

O.S.No.15/2020 is pending consideration before the Senior Civil

Judge and JMFC at Pavagada, wherein the rights of parties is

yet to be crystallized by the Civil Court. In that view of the

matter as the said suit is filed for partition and separate

possession in respect of schedule land is concerned, there is no

infirmity in the orders passed by the respondent-authorities

herein with regard to awaiting the judgment and decree passed

in O.S.No.15/2020.

4. In that view of the matter, I am of the view that

writ petition is disposed of awaiting the judgment and decree

to be passed in O.S.No.15/2020 by the competent Civil Court at

Pavagada and the revenue authorities are directed to

incorporate the name of the petitioner as well as the name of

respondent No.5 in the Mutation Register in respect of the land

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in question bearing Sy.No.93/1, 93/2 of Veeralagundi Village,

Pavagada Taluk, till the conclusion of the proceedings.

Sd/-

JUDGE

SRA