Karnataka High Court
Shri. A. Mariyappa Alias Maiyappa vs T. Gnaneshwara S/O. Late Gurunathappa on 12 January, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.RP No. 100311 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
CRIMINAL REVISION PETITION NO. 100311 OF 2023 (397)
BETWEEN:
1. SHRI A. MARIYAPPA
@ MAIYAPPA S/O. HANUMANTHAPPA,
AGE: 44 YEARS,
OCC. AGRICULTURIST CUM ADVOCATE,
R/O. MADIVALARA MACHIDEVA TEMPLE ROAD,
AGASARA PET, 19/32ND WARD,
HOSAPETE, TQ. HOSAPETE,
DIST. VIJAYANAGAR.
2. SHRI M. K. HANUMANTHAPPA
S/O. LATE KANAKAPPAJJA,
AGE: 61 YEARS, OCC. AGRICULTURIST,
R/O. MADIVALARA MACHIDEVA TEMPLE ROAD,
AGASARA PET, 19/32ND WARD,
HOSAPETE, TQ. HOSAPETE,
DIST. VIJAYANAGAR.
Digitally
VIJAYALAXMI signed by
M BHAT VIJAYALAXMI
M BHAT
3. SHRI B. VENKOBAPPA
S/O LATE BHARAMAPPA,
AGE: 67 YEARS, OCC. AGRICULTURIST,
R/O. 1ST WARD, CHITTAWADGI,
HOSAPETE CITY, TQ: HOSAPETE,
DIST. VIJAYANAGARA-583201.
4. SHRI A. H. HULUGAPPA
S/O. LATE A. H. JAMBAPPA,
AGE: 51 YEARS, OCC. AGRICULTURIST,
R/O. MADIVALARA MACHIDEVA TEMPLE ROAD,
AGASARA PETH, 19TH WARD,
HOSAPETE, TQ. HOSAPETE,
DIST. VIJAYANAGAR-583201.
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CRL.RP No. 100311 of 2023
5. SHRI A. H. PARASHURAMA,
S/O. LATE A. H. SHANMUKHAPPA,
AGE: 36 YEARS, OCC. AGRICULTURIST,
R/O. MADIVALARA MACHIDEVA TEMPLE ROAD,
AGASARA PET, 19/32ND WARD,
HOSAPETE, TQ. HOSAPETE,
DIST. VIJAYANAGAR-583201.
...PETITIONERS
(BY SRI SHIVARAJ BALLOLI, ADVOCATE)
AND:
1. T. GNANESHWARA
S/O. LATE GURUNATHAPPA,
AGED ABOUT 60 YEARS, OCC. AGRICULTURIST,
R/O. SRI VIRAKTHA MUTT MALLIKARJUNA SWAMY,
SUNNADA BHATTI AREA, 6TH WARD, PANDURANGA
COLONY, A.N. GUDI VILLAGE, TQ. HOSAPETE,
DIST. VIJAYANAGAR-583201.
2. SMT. MAHALAXMI
W/O. T. GNANESHWARA,
AGE: 50 YEARS, OCC. HOUSEHOLD WORK,
R/O. SRI VIRAKTHA MUTT MALLIKARJUNA SWAMY,
SUNNADA BHATTI AREA, 6TH WARD, PANDURANGA
COLONY, A.N. GUDI VILLAGE, TQ. HOSAPETE,
DIST. VIJAYANAGAR-583201.
3. SHRI D. POLAPPA
S/O. VENKATESHULU
AGE: 36 YEARS, OCC. AGRICULTURIST,
R/O. SRI VIRAKTHA MUTT MALLIKARJUNA SWAMY,
SUNNADA BHATTI AREA, 6TH WARD, PANDURANGA
COLONY, A.N. GUDI VILLAGE, TQ. HOSAPETE,
DIST. VIJAYANAGAR-583201.
4. THE TALUKA EXECUTIVE MAGISTRATE
CUM TAHASHILDAR, HOSAPETE,
TQ. HOSAPETE, DIST. VIJAYANAGAR-583201.
REP/BY ADDL. SPP, HCK, DHARWAD.
5. SHRI MADIVALLA SAMAJADA
SRI MALLIKARJUNA VIRAKTHA MATT TRUST,
HAMPI ROAD, HOSAPETE,
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CRL.RP No. 100311 of 2023
TQ. HOSAPETE,
DIST. VIJAYANAGAR-583201.
6. THE STATE BY PI,
RURAL POLICE STATION,
HOSAPETE, TQ. HOSAPETE,
DIST. VIJAYANAGAR-583201.
REP/BY ADDL. S.P.P HCK, DHARWAD.
...RESPONDENTS
(BY SRI B. G. INDI, ADVOCATE FOR SRI K. L. PATIL, ADVOCATE
FOR RESPONDENTS NO.1 TO 3)
(BY SMT GIRIJA S. HIREMATH, HCGP FOR RESP. NOs.4 AND 6)
(NOTICE TO RESPONDENT NO.5- SERVED)
THIS CRIMINAL REVISION PETITION IS FILED U/SEC. 397
AND 401 OF CR.P.C. SEEKING TO SET ASIDE THE IMPUGNED
ORDER DATED 13.03.2023 PASSED IN CRL.R.P NO.5001/2023, BY
THE LEARNED III ADDITIONAL DISTRICT AND SESSIONS
JUDGE, BALLARI, SITTING AT HOSAPETE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Petitioners who are the Trustees of Madivalara
Machideva Temple, Agasara Pete, Hosapete, Vijayanagar
District have preferred this revision petition under Section
397 read with Section 401 of Cr.P.C. assailing the order
dated 13.03.2023 passed by the Court of III Additional
District and Sessions Judge, Ballari sitting at Hosapete in
Criminal Revision Petition No.5001/2023.
2. Heard the learned counsel for the parties.
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3. Facts leading to filing of this revision petition
narrated briefly are, in the agricultural land bearing
Sy.no.126/B measuring 01 acre 05 guntas situated at
Ananthashayanagudi village of Hosapete Taluka,
Vijayanagar District, there exists a Mutt known as
Mallikarjuna Swamy Viraktamutt. The land bearing
Sy.No.24/C1 measuring 01 acre 32 gunta in the very same
village was allegedly given as gift to the aforesaid Mutt.
The ancestors of the contesting respondents were
performing poojas in the aforesaid Mutt. Father of the 1st
respondent herein allegedly had executed a Will dated
22.04.1999 bequeathing the administration of the
properties of the Mutt in the name of respondent No.1.
Thereafter, there has been a dispute between the
management of the Mutt and the respondents herein, who
claim right over the properties of the Mutt on the strength
of the aforesaid Will. The material on record would go to
show that multiple civil litigations have been filed between
the parties. When the matter stood thus, on the complaint
of petitioners herein, the jurisdictional Taluka Executive
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Magistrate had issued a provisional order in exercise of his
power under Section 145 read with Section 147 of Cr.P.C.
on 06.12.2022. The same was questioned by the
contesting respondents herein before the jurisdictional
Sessions Court in Criminal Revision Petition No.5001/2023
which was allowed vide impugned order dated 13.03.2023.
Therefore, the petitioners are before this Court.
4. Learned counsel for the petitioners having
reiterated the grounds urged in the petition submits that
the learned Sessions Judge was not justified in setting
aside the provisional order.
5. Per Contra, the learned counsel for the contenting
respondents has argued in support of the impugned order
passed by the learned Sessions Judge. He submits that the
learned Sessions Judge having taken into consideration
the various earlier civil litigations between the parties, in
view of the settled principles of law that proceedings under
Section 145 of Cr.P.C. cannot be initiated when there are
civil disputes pending between the parties has rightly set
aside the provisional order passed by the jurisdictional
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Taluka Executive Magistrate, he accordingly prays to
dismiss the petition.
6. Learned HCGP submits that taking into
consideration the situation that was then prevailing the
Taluka Executive Magistrate had issued provisional order.
Accordingly, prays to dismiss the petition.
7. It is trite that when there are civil disputes already
pending between the parties, the jurisdiction under
Section 145 of Cr.P.C should not be normally exercised by
the Taluka Executive Magistrate. Learned Sessions Judge
taking into consideration that various civil litigations were
instituted much prior to issuance of provisional order by
the jurisdictional Taluka Executive Magistrate, in the light
of the Judgments passed by the Hon'ble Supreme Court as
well as this Court has rightly set aside the provisional
order passed by the jurisdictional Taluka Executive
Magistrate. At this stage, the situation that was then
prevailing which warranted issuance of provisional order
by the jurisdictional Taluka Executive Magistrate in
exercise of his powers under Section 145 of Cr.P.C. may
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not be existing and therefore it is not necessary for this
Court to interfere with the orders passed by the learned
Sessions Judge. The revision petition is therefore,
dismissed with liberty to the parties to approach the
competent forum to protect their rights, if they are so
advised.
8. In view of disposal of the revision petition,
pending applications, if any do not survive for
consideration.
Sd/-
JUDGE
ckk
