Petitioner filed a writ petition directing Revenue Authorities (Respondents 1-3) to reconsider representations regarding land title. The Court dismissed the writ petition because disputed facts remained pending before a civil suit, making the writ remedy inapplicable.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 11071 OF 2023 (KLR-RES)
BETWEEN:
SRI. JAYARAM HEGDE, S/O LATE. B.C. HEGDE, AGED ABOUT 76 YEARS, R/AT NO.1279, 1ST 'A' CROSS, J.P. NAGAR, BENGALURU - 560 078.
…PETITIONER
(BY SRI. G.M. SRINIVASAREDDY, ADVOCATE)
AND:
Digitally signed by CHAITHRA P Location: High Court of Karnataka
RAMANAGARA DISTRICT - 562 129.
AGED ABOUT 73 YEARS, R/AT ARJUN SAGAR RESIDENCY, FLAT NO.TF-01, 3RD FLOOR, NO.819/3, 13TH CROSS, 7TH BLOCK WEST, JAYANAGAR, BENGALURU - 560 070.
…RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R3; SRI. JAVEED S, ADVOCATE FOR R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R- 1 TO 3 TO CONSIDER THE REPRESENTATIONS DATED 02.03.2023 AND 03.03.2023 SUBMITTED BY THE PETITIONER VIDE ANNX-F G AND H ON THE BASIS OF THE ORDERS PASSED IN CASE NO. RA(LKP) 557:09-10 VIDE ANNX-B, ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, the petitioner has sought for following reliefs.
" 1. Issue a writ of mandamus, directing the respondent Nos.1 to 3 to consider the representations dated 02.03.2023 and 03.03.2023 submitted by the petitioner vide Annexures-F, G and H on the basis of the orders passed in case No.RA(LKP) 557:09-10 vide Annexure-B.
2. Pass such other order/orders as this Hon'ble Court deems fit, in the facts & circumstances of the case, including an order as to costs, in the interest of justice."
NC: 2023:KHC:40757 WP No. 11071 of 2023
record, it is forthcoming from the writ papers that the contesting respondents herein have purchased the land in question as per the registered sale deed dated 02.06.2003 and this Court by order dated 21.06.2022 in WP No.9504/2021 (Annexure-J), allowed the writ petition filed by the contesting respondent herein and directed the respondent-authorities to enter the name of the contesting respondent-P.Arjuna herein in the revenue records. It is also forthcoming from the statement of objections filed by the contesting respondents herein that, the petitioner herein has filed O.S.No.468/2023 before the Civil Judge (Junior Division) and JMFC, Kanakapura, seeking declarative relief against the respondents herein. In that view of the matter, as the disputed question of facts are involved in the matter and the suit referred to above is pending consideration before the competent Court, I am of
NC: 2023:KHC:40757 WP No. 11071 of 2023
the view that, writ of mandamus could not be issued to respondent Nos.1 to 3 to consider the representations produced at Annexures-F, G and H.
Sd/JUDGE
CH List No.: 1 Sl No.: 46 CT: BHK
1 issue framed by the court
Whether to issue a writ of mandamus directing revenue authorities to reconsider representations regarding land title dispute.
SRI. JAYARAM HEGDE
THE DEPUTY COMMISSIONER, RAMANAGARA DISTRICT
THE ASSISTANT COMMISSIONER, KANAKAPURA SUB DIVISION
THE TAHASILDAR, KANAKAPURA TALUK
SRI. P. ARJUNA
E.S. INDIRESH
As recorded by the court registry
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