Disposed

Sri Narayanaswamy K M v. State of Karnataka

Karnataka HC13 Jul 2021WP/12264/2019

Case brief

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What is this about?

In a writ petition challenging revenue mutation orders in a land title dispute, the High Court of Karnataka disposed of the petition by directing revenue entries to continue as they stood on the interim order date pending the outcome of title suits filed by parties in civil courts.

What did the court decide?

Directed revenue entries to continue as they existed on 28.11.2019 pending disposal of pending title suits.

Sri Narayanaswamy K M Vs State of Karnataka — Property and Title | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF JULY 2021

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO.12264/2019 (KLR - RES)

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BETWEEN

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SRI. NARAYANASWAMY K M., S/O. LATE. MUNIBYRAPPA, AGED ABOUT 41 YEARS, RESIDENT OF KAMMASANDRA VILLAGE, HASIGALA POST, SULEBELE HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT – 562 114.

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...PETITIONER

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(BY SRI.AMARESH A ANGADI, ADVOCATE)

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AND

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STATE OF KARNATAKA, DEPARTMENT OF REVENUE, MULTISTORIED BUILDING, DR. AMBEDKAR ROAD, BANGALORE – 560 001. BY ITS SECRETARY.

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THE DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT, DIST. ADMINISTRATIVE BHAVANA, 1^ST FLOOR, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT – 561 203.

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THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB DIVISION, DODDABALLAPURA, BANGALORE RURAL DISTRICT – 562 103.

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THE TAHSILDAR, HOSKOTE TALUK, HOSKOTE, BANGALORE RURAL DISTRICT – 562 103.

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SMT. LALITHAMMA, W/O LATE. MOTAPPA @ SONAPPA, AGED ABOUT 85 YEARS,

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SMT. JAYALAKSHMAMMA, D/O LATE MOTAPPA @ SONAPPA, AGED ABOUT 65 YEARS,

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SRI. MUNEGOWDA, S/O LATE. MOTAPPA @ SONAPPA, AGED ABOUT 62 YEARS,

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SMT. J RATHNAMMA, D/O LATE. MOTAPPA @ SONAPPA, AGED ABOUT 60 YEARS,

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SMT. J. RAJAMMA, D/O LATE. MOTAPPA @ SONAPPA, AGED ABOUT 53 YEARS,

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SMT. SOWBHAGYAMMA, D/O LATE. MOTAPPA @ SONAPPA, AGED ABOUT 49 YEARS,

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SMT. RADHAMMA, D/O LATE MOTAPPA @ SONNAPPA, AGED ABOUT 44 YEARS,

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SMT. MANJULAMMA, D/O LATE. MOTAPPA @ SONAPPA, AGED ABOUT 41 YEARS,

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RESPONDENTS 5 TO 12 ARE R/AT KAMMASANDRA VILLAGE, HASIGALA POST, SULEBELE HOBLI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT – 562 114.

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SRI. K M RAJANNA, S/O LATE. MUNIBYRAPPA, AGED ABOUT 42 YEARS, RESIDENT OF KAMMASANDRA VILLAGE, HASIGALA POST, SULEBELE HOBLI, HOSKOTE TLAUK, BENGALURU RURAL DISTRICT - 562 114.

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….RESPONDENTS

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(BY SRI.A.R.SRINIVAS, AGA FOR R1 TO R4; SRI.A.MADHUSUDHANA RAO, ADVOCATE FOR R5 TO R12; SRI.MAHANTESH S HOSMATH, ADVOCATE FOR R13)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI, IN QUASHING THE IMPUGNED ORDER PASSED BY THE R-2-DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT, DISTRICT ADMINISTRATIVE BHAVANA, 1^st FLOOR, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT IN RP NO.83/2016-17 DATED 21.2.2019 VIDE ANNEXURE - A AND IN CONSEQUENCES TO QUASH THE IMPUGNED ORDER PASSED BY THE R-3 - ASSISTANT COMMISSIONER,

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DODDABALLAPUR SUB-DIVISION, DODDABALLAPUR IN RA(H) 130/2012-13 DATED 22.11.2016 VIDE ANNEXURE –B; B) TO QUASH THE MUTATION EFFECTED IN THE NAME OF THE R-5 TO 12 IN MR H51 DATED 08.11.2019 VIDE ANNEXURE-G IN RESPECT OF THE LAND BEARING SY.NO.118/5, MEASURING TO THE EXTENT OF 16 GUNTAS, SITUATED AT KAMMASANDRA VILLAGE, SULEBELE HOBLI, HOSKOTE TALUK IN PURSUANCE OF THE IMPUGNED ORDERS PASSED BY THE R-2 - ASSISTANT COMMISSIONER, DODDABALLAPUR SUBDIVISION, DODDABALLAPUR IN RA(H) 130/2012-13 DATED 22.11.2016 VIDE ANNEXURE – B AND ETC;

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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The petitioner, who asserts absolute ownership of land measuring to an extent of 36 guntas in Survey No.118/5 of Kammasandra Village, Sulebele Hobli, Hoskote Taluk [the subject land], has filed this petition impugning the orders of the Assistant Commissioner, Doddaballapura Sub-division [the respondent No.3] in R.A.(H) No. 130/2012-13 (Annexure-B) and the Deputy Commissioner, Bengaluru Rural District [the

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respondent No.2] in R.P.No. 83/2016-17 (Annexure-A). Sri Amaresh.A.Angadi, learned counsel for the petitioner, Sri A.Madhusudhana Rao, learned counsel for respondent Nos.5 to 12 [the contesting respondents], Sri Mahantesh S. Hosmath, learned counsel for respondent No.13 and the learned Additional

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Government Advocate are heard for final disposal.

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The petitioner asserts title to the subject land relying upon the registered sale deed dated 20.09.1991 executed by Sri Thippanna S/o Narayanappa, and a partition between him and his brother in the year 2001. On the other hand, the contesting respondents rely upon the sale deed executed by the very same Sri Thippanna on 11.04.1966 and the revenue entries in the RTC in Col. No.12 for the land in Survey No. 118/5 of Kammasandra Village, Sulibele Hobli, Hosakote Taluk.

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The Assistant Commissioner,

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Doddaballapura Sub-division, Doddaballapura [the third respondent] by the impugned order dated 22.11.2016, while considering the appeal filed by the contesting respondents as against the revenue entries in favour of the petitioner, has partly allowed the appeal in restricting the revenue entries in favour of the contesting respondents for an extent of 16 guntas and in favour of the petitioner for the other extent of 20 guntas. The petitioner’s review petition before the Deputy Commissioner, Bengaluru Rural District [the second respondent], because he claims revenue entries even for the extent of 16 guntas, is dismissed by order dated 21.02.2019.

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The learned counsel for the parties submit that the contesting respondents' suit for declaration of title to the entire extent of 36 guntas in Survey No.

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118/5 of Kammasandra Village, Sulibele Hobli,

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Hosakote Taluk in O.S.No. 1337/2018 on the file of the Principal Senior Civil Judge, Bangalore Rural District and the petitioner’s suit for permanent injunction in O.S.No.265/2018 on the file of the Additional Civil Judge, Hosakote are pending. Though Sri A. Madhusudhana Rao, the learned counsel for the contesting respondents, submits that the application filed by the petitioner for temporary injunction in O.S.No.265/2018 is rejected by the Court, there is unananimity that after the orders of the Deputy Commissioner, Bangalore Rural District [the second respondent], the revenue entries for the 16 guntas and 20 guntas in Survey No. 118/5 of Kammasandra Village, Sulibele Hobli, Hosakote Taluk are continued in the name of the contesting respondents and the petitioner/respondent No. 13 respectively.

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This Court by an interim order dated

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28.11.2019 has directed maintenance of status quo regarding revenue entries for the land in Survey No. 118/5 of Kammasandra Village, Sulibele Hobli, Hosakote Taluk. In consideration of the rival submission and on perusal of the record, this Court is of the considered view that this writ petition must be disposed of directing the revenue entries in the land bearing Survey No.118/5 of Kammasandra Village, Sulibele Hobli, Hosakote Taluk to continue as they existed on 28.11.2019 until the disposal of the suit in O.S. No. 1337/2018 on the file of the Principal Senior Civil Judge, Bangalore Rural District.

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The petition stands disposed of accordingly.

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SD/JUDGE

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mbb

Sri Narayanaswamy K M v. State of Karnataka

Case brief

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Sri Narayanaswamy K M v. State of Karnataka

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