Sidharath S/O Ramesh Desai And Anr vs The State Of Karnataka And Ors
2023 Latest Caselaw 993 Kant

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         IN THE HIGH COURT OF KARNATAKA

                 KALABURAGI BENCH

     DATED THIS THE 17th DAY OF JANUARY, 2023

                       BEFORE

 THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

         W.P.NO.201080/2016 (KLR-RR/SUR)

BETWEEN:

1.     SIDHARATH S/O RAMESH DESAI,
       AGE:18 YEARS, OCC: STUDENT,
       R/O JAINAPUR,
       TQ. & DIST.VIJAYAPUR-586101.

2.     RAMESH S/O CHANDRASHEKHAR DESAI,
       AGED about 47 YEARS, OCC: AGRICULTURE,
       R/O JAINAPUR,
       TQ. & DIST.VIJAYAPUR-586101.
                                     .... PETITIONERS

(BY SRI AMEET KUMAR DESHPANDE, SENIOR
COUNSEL FOR SRI GEETA R. SINDHE, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA,
       REPRESENTED BY PRINCIPAL SECRETARY,
       DEPARTMENT OF REVENUE,
       M.S.BUILDING, BENGALURU-1.

2.     THE DEPUTY COMMISSIONER,
       VIJAYAPUR-586101.
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3.      ASSISTANT COMMISSIONER,
        VIJAYAPUR-586101.

4.      HEMA W/O SIDDAPPA
        @ APPASAHEB DESAI,
        AGED ABOUT 37 YEARS,
        OCC:AGRICULTURE,
        R/O JAINAPUR,
        TQ. & DIST. VIJAYAPUR-586101.
                                               ... RESPONDENTS

(BY SRI JOHN POUL, COUNSEL FOR SRI B.C. JAKA,
ADVOCATES)

     THIS    WRIT   PETITION   IS   FILED   UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE ORDER DATED 23.11.2015 ON
THE FILE OF RESPONDENT NO.2 IN RTS/REV/29/2013-14,
THE COPY OF WHICH IS AT ANNEXURE-E AND ETC.

     THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:-

                            ORDER

Heard Sri Ameet Kumar Deshpande learned Senior

counsel appearing for the petitioners as well as Sri John

Paul learned counsel appearing for respondent No.4.

2. The present petition is filed impugning the

order dated 23.11.2015 passed by the Deputy

Commissioner, vide Annexure-E as well as the order

passed by the Assistant Commissioner at Annexure-A. The

Deputy Commissioner in terms of the impugned order has

allowed the revision petition filed under Section 136(3) of

the Karnataka Land Revenue Act. In the said order, the

Deputy Commissioner noticing the pendency of

O.S.No.49/2012 on the file of Prl. Senior Civil Judge,

Vijayapur has further held that the entry in the record of

rights covered by the impugned order will be subject to the

judgment and decree to be passed in O.S.No.49/2012

referred above.

3. Learned counsel for respondent No.4 would

submit that O.S.No.49/2012 is already decided and the

same is dismissed. He would further submit that the suit in

O.S.No.49/2012 is clubbed along with O.S.No.4/2013 on

the file of II Additional Senior Civil Judge, Vijayapura and

the suit in O.S.No.4/2013 is decreed passing a decree for

partition.

4. Learned Senior counsel Sri Ameet Kumar

Deshpande, would not dispute the above said fact.

5. Since O.S.No.49/2012 is clubbed along with

O.S.No.4/2013 referred above, the order of the Deputy

Commissioner impugned in the writ petition is to be read

in the context of disposal of O.S.No.49/2012 along with

O.S.No.4/2013.

6. Under these circumstances, the entries in the

property records of the properties which are the subject

matter of the above said suits shall be changed in terms of

the judgments and decrees referred above.

Accordingly the writ petition is allowed. The

impugned orders are quashed.

Sd/-

JUDGE

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