Karnataka High Court
Smt. C B Biligamma vs The Deputy Commissioner on 10 January, 2024
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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WP No. 29014 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 29014 OF 2018 (LB-RES)
BETWEEN:
SMT. C. B. BILIGAMMA,
W/O LATE C.M. BELLIYAPPA,
AGED ABOUT 90 YEARS,
R/O CHOWDLU VILLAGE,
SOMAWARPETH TALUK, DIST: KODAGU,
REPRESENTED BY HER GPA HOLDER C.B. DINESH,
S/O LATE C.M. BELLIYAPPA,
AGE: 55 YEARS, OCC: AGRICULTURIST,
R/O: CHOWDLU VILLAGE,
SOMWARPETH TALUK, DIST: KODAGU.
1. SMT. C.B. MEENAKSHI,
W/O LATE NEERVANI GOWDA,
AGED ABOUT 75 YEARS,
SUBRAMANYA TEMPLE ROAD,
Digitally signed
by SUCHITRA M J HEMAVATHI NAGAR, HASSAN DIST.,
Location: High
Court of
Karnataka 2. SMT. C.B. INDIRA PRASAD,
W/O LATE H.M. KRISHNA PRASAD,
AGED ABOUT 72 YEARS,
BYAKERE VILLAGE, NAGARA,
SAKLESHPURA, HASSAN DIST.
3. SRI. C.B. HARISH,
S/O LATE C.M. BELLIYAPPA,
AGED ABOUT 69 YEARS,
GARADNOOR VILLAGE, POST KUMBER,
SOMWARPET TALUK, COORG DIST.
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WP No. 29014 of 2018
4. SMT. C.B. CHANDRAPRABHA,
D/O M.D. KRISHNEGOWDA,
AGED ABOUT 65 YEARS,
ILAVAGILU, POST KABBINAHALLI,
CHIKKAMAGALURU.
5. SRI. C.B. DINESH,
S/O LATE C.M. BELLIYAPPA,
AGED ABOUT 62 YEARS,
BOJE NILAYA, L.V. CONVENT ROAD,
CHOWDELU VILLAGE, POST SOMWARPET TALUK.
6. SRI. C.B. SATHISH,
S/O LATE C.M. BELLIYAPPA,
AGED ABOUT 59 YEARS,
CHOWDLU VILLAGE,
SOMWARPETH TALUK - 571 236,
DISTRICT KODAGU.
...PETITIONERS
(BY SRI. K. CHANDRANATH ARIGA, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER,
KODAGU DIST., MADIKERI.
2. THE CHIEF OFFICER,
TOWN PANCHAYATH,
SOMAWARPETH, DIST: KODAGU.
3. M.C. KUMARAN,
S/O LATE CHATU,
AGE: 55 YEARS,OCC: AGRICULTURIST
R/O HOSPITAL ROAD,
SOMAWARPETH, DIST: KODAGU.
(RESPONDENT NO.3 DELETED
AS PER ORDER DATED 05.10.2023)
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WP No. 29014 of 2018
4. M.C. RAGHAVAN,
S/O LATE CHATU,
AGE: 60 YEARS, OCC: AGRICULTURIST,
R/O HOSPITAL ROAD,
SOMAWARPETH, DIST:KODAGU.
5. SANJEEV,
S/O BABU PUJARI,
AGE: 60 YEARS, OCC:BUSINESS,
R/O NEAR PRIVATE BUS STAND,
SOMAWARPETH, DIST:KODAGU.
6. T.K. MUSTAF,
S/O O. MOYIDU, OCC: BUSINESS,
R/O ZUBEDA STORES, DOOR NO.T-5(6)
NEAR PRIVATE BUS STAND,
SOMAWARPETH, DIST:KODAGU.
7. KUNI KRISHNAN,
S/O C.K. KANNAN,
AGE:65 YEARS, OCC: BUSINESS,
R/O HOSPITAL ROAD,
SOMAWARPETH, DIST:KODAGU.
8. SMT. LEELAVATHI,
D/O LATE BHAVANIYAMMA,
AGE: 65 YEARS, OCC: BUSINESS,
R/O C.K. SUBBAYYA ROAD,
SOMAWARPETH, DIST:KODAGU.
...RESPONDENTS
(BY SRI. SARITHA KULKARNI, HCGP FOR R1;
SRI. AJIT ACHAPPA, ADVOCATE FOR R2;
SRI. T.I. ABDULLA, ADVOCATE FOR R6;
SRI. N.J. KUMAR, ADVOCATE FOR R8;
R4, R5 - SERVED;
VIDE ORDER DATED 05.10.2023, SERVICE OF NOTICE TO
R7 IS HELD SUFFICIENT AND R3 IS DELETED)
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WP No. 29014 of 2018
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER DATED 25.9.2017 BEARING NO.08/2007-08
PASSED BY R-1 VIDE ANNEXURE-K TO WRIT PETITION, AS IT
IS ILLEGAL AND UNCONSTITUTIONAL AN ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioners have sought for issuance of writ of
certiorari to quash the order dated 25.09.2017 at
Annexure-'K', whereby, the Deputy Commissioner has
disposed off an appeal allowing the same by directing to
include the name of the Town Panchayat, Somawarpeth in
the Mutation Register. The petitioners are aggrieved by
such order. Smt. Biligamma, the original petitioner who
was respondent No.2 before the Deputy Commissioner
now having died, present petitioners are the legal
representatives of Smt. Biligamma.
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2. Though various contentions have been raised
by the petitioners, after hearing the matter for sometime,
learned counsel for respondent No.2 submits that pursuant
to the order at Annexure-K, entry has been affected in the
Mutation Register with respect to the properties in dispute
in the name of respondent No.2.
3. It is asserted by the learned counsel for
respondent No.6 that they are the tenants in the property
under the Marketing Committee and their interests ought
not to be prejudiced by way of passing of orders in the
present writ proceedings without taking note of their
stand.
4. Heard the learned counsel for the petitioners
and learned counsel for the respondents.
5. It is noticed that pursuant to the impugned
order at Annexure-'K', entry has been made in favour of
respondent No.2 in terms of the documents at
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Annexure-'P' filed along with the I.A. for production of
additional documents on 03.10.2023.
6. It is further made out from the averments at
paragraph No.6 of the writ petition that O.S.No.20/2017 is
pending before the Civil Court. It is further stated that the
said suit is one filed for declaration of title. It is noticed
that the order at Annexure-'K' is a detailed order.
7. In light of the dispute raised, it would not be
appropriate to enter into the correctness of the said
findings taking note that the matter is also pending before
the Civil Court. Accordingly, the petition is disposed off
and while observing that the order at Annexure-'K' is not
being interfered with, taking note of the pendency of the
civil suit in O.S.No.20/2017. In the interregnum, taking
note that the entry in the Municipal Record with respect to
the property which stands in the name of respondent
No.2, respondent No.2 is not to create any future third
party rights or disturb the possession of the respondent -
tenants before this Court except in accordance with law.
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8. Needless to state, the judgments of the Civil
Court may have to be given precedence. Noticing the
submission of the learned counsel appearing on behalf of
respondent No.2 that respondent No.2 is not a party in the
pending suit and taking note that the said suit is one filed
for declaration, it is open for the parties to take
appropriate steps to implead themselves in the
proceedings before the Civil Court, if they are of the view
that they are necessary or proper parties. Similarly, it is
up to the petitioners to take steps, if any of the present
parties are to be impleaded, if in the opinion of the
petitioners that they are proper or necessary parties.
9. It is clarified that the Court has not entered into
the adjudication of merits of the matter in light of the
observation made in the impugned order at Annexure-'K'
and observations made are to be construed as observation
made for the limited purpose of passing the order at
Annexure-'K' and needless to state, such findings will not
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tie the hands of the Civil Court to decide independently.
Accordingly, I.A.No.4/2023 is disposed off.
Accordingly, the petition is disposed off and all
contentions are kept open.
Sd/-
JUDGE
MCR
