Karnataka High Court
Sharanamma vs Shantamma And Ors on 19 February, 2024
Author: B.M.Shyam Prasad
Bench: B.M.Shyam Prasad
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WA No.200186 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 19TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT APPEAL NO.200186 OF 2023 (KLR-RR/SUR)
BETWEEN:
SHARANAMMA
W/O MUKTAPPA
AGE : ABOUT 65 YEARS
OCC: AGRICULTURE
R/O CHRISTIAN COLONY
KUMBARWADA,
BIDAR - 585 401.
...APPELLANT
Digitally signed
by SWETA
KULKARNI (BY SRI PREETAM DEULGAONKAR, ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA AND:
1. SHANTAMMA
W/O PAUL MASTER
AGE: 73 YEARS
OCC: AGRICULTURE
R/O CHRISTIAN COLONY
KUMBARWADA,
BIDAR - 585 401.
2. THE STATE OF KARNATAKA
THROUGH ITS PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE
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WA No.200186 of 2023
BENGALURU - 560 001.
3. THE DEPUTY COMMISSIONER
BIDAR - 585 401.
4. THE TAHSILDAR
BIDAR - 585 401.
5. THE REVENUE INSPECTOR
VILLAGE SERI CHAMPA
TALUK AND DISTRICT BIDAR - 585 401.
6. VILLAGE ACCOUNTANT
VILLAGE SERI CHAMPA
TALUK AND DISTRICT BIDAR - 585 401.
...RESPONDENTS
(BY SRI JAIRAJ K. BUKKA, ADVOCATE FOR R1;
SRI MALLIKARJUN C. BASAREDDY, GA FOR R2 TO R6)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO ALLOW THE
PRESENT APPEAL BY SETTING ASIDE THE ORDER OF THE
HON'BLE SINGLE JUDGE IN W.P.NO.202252/2023 PASSED ON
21.08.2023 AND CONSEQUENTLY DISMISS THE WRIT
PETITION, IN THE INTEREST OF JUSTICE.
THIS WRIT APPEAL COMING ON FOR ORDERS THIS DAY
B.M.SHYAM PRASAD J., DELIVERED THE FOLLOWING:
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WA No.200186 of 2023
JUDGMENT
The first respondent's writ petition in
W.P.No.202252/2023 is disposed of on 21.08.2023 directing
the Thasildar, Bidar [the fourth respondent herein] to
consider her representation within a period of eight weeks.
The appellant is not a party to the writ petition, and as such,
she has filed this writ appeal along with an application for
leave to institute this writ appeal. Sri Preetam Deulgoankar,
the learned counsel for the appellant, Sri Mallikarjun C.
Basareddy, who is called upon to accept notice for the
official respondents, and Sri Jairaj K. Bukka, the learned
counsel for the first respondent, are heard for disposal of the
writ appeal and all the pending applications, including the
application for leave to prosecute this writ appeal.
2. The dispute is over the revenue records for the
land in Sy.Nos.5/1 [measuring 01 acres 32 guntas] and 5/2
[measuring 39 guntas] of Seri Champa village, Bidar Taluk.
In the year 1998, Sri Paul Master, under whom the first
claims interest in the subject properties, has commenced a
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suit for declaration in OS No.1/1998 asserting interest in
the subject properties and the land in Sy.No.16/1 of the
same village against the appellant and her son, who claim
under Sri Muktappa. This suit in OS No.1/1998 has
culminated in a decree within a period of two months from
the date of its institution, and Sri Paul Master and the first
respondent [joined by her son] have filed an application
under Order XXIII Rule 3 of CPC with the first respondent
acknowledging that her husband, Sri Muktappa, had
relinquished his interest in the subject properties and the
land in Sy.No.16/1 upon receipt of Rs.50,000/-, that she
acknowledges the same and that a decree for declaration
could be drawn in favour of Sri Paul for her share in these
properties. This decree has attained finality, and it has not
been called in question.
3. The revenue records for the subject properties, as
seen in Annexures-E and F, have been made in the name of
a certain Sri Bandeppa in the year 2021 and 2022 vide
M.R.H1/2021-22. The first respondent's son, Sri Martin,
has initiated he subject proceedings under Chapter-XI of the
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Karnataka Land Revenue Act, 1964 [for short, 'the Act']
challenging the revenue entries in MR H1/2021-22 asserting
the right to revenue entries to the subject properties, but the
reason for this entry is not obvious as the same is not placed
on record. However, the order in this proceeding is carried
in appeal by Sri Martin under Section 136(2) of the Act
which is disposed of on 30.12.2023. Sri Martin and his
family members [including the first respondent] have
challenged this order in Revision under Section 136(3) of the
Act before the Deputy Commissioner, Bidar in
R.P.No.133/2023/8115, and this revision petition is pending
consideration. However, the first respondent, without
disclosing these proceedings, has filed the writ petition in
W.P.No.202252/2023 for direction to the fourth respondent
as aforesaid.
4. Sri Preetam Deulgoankar submits that the
appellant's grievance stems from the fact that the first
respondent has deliberately suppressed all these
proceedings in an effort to obtain orders from the writ Court
so that the revenue entries for the subject properties could
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be made in her name notwithstanding the proceedings
under Chapter-XI of the Act as stated above. This Court on
careful consideration of the circumstances is not persuaded
to opine that the appellant has any locus firstly for the
reason that she is not able to place on record circumstances
that could justify any interest in the subject properties after
the decree in O.S.No.9/1998 and secondly for the reason
that the direction to the fourth respondent is only to
consider the representation. The verification of the records,
would undoubtedly disclose the revenue proceedings, and
suitable orders can only be in the light thereof.
5. This Court must also observe that the first
respondent must place on record a certified copy of this
order in the proceedings in R.P.No.133/2023/8115 so that
Deputy Commissioner has the advantage of all the material
in disposal of such revision petition and further, this Court
must observe that neither the fourth respondent nor the
Deputy Commissioner, Bidar in the revenue proceedings can
decide any question of title or possession which will have to
be essentially considered by the Civil Courts. As such, the
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writ appeal stands disposed of and all the pending
applications also stand disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
BL
Ct;Vk
