Petitioner challenged Tahasildar's order directing entry of Respondent No.4's name in revenue records. Court held no ground for interference as order implemented Assistant Commissioner's directive and remains pending civil suit effect.
The writ petition stands disposed of.
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WP No. 3672 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 3672 OF 2023 (KLR-RES)
BETWEEN:
NANJUNDEGOWDA S/O LATE PUTTA BASAVA GOWDA, AGED ABOUT 60 YEARS, RESIDING AT HONANAHALLI VILLAGE, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT 571418.
…PETITIONER
(BY SRI SURENDRA KUMAR N., ADV.)
AND:
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: High Court of Karnataka
WP No. 3672 of 2023
BELLUR HOBLI, NAGAMANGALA TALUK 571418.
…RESPONDENTS
(BY SRI C.N.MAHADESHWARAN, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE R-2 TAHASILDAR IN RRT(MR)/CR 151/2022 DATED 28/12/2022 PRODUCED AT ANNEXURE-E AND DIRECT THE R-1 TO INITIATE A PROPER ENQUIRY AGAINST THE R-2 TAHASILDAR AND TO TAKE APPROPRIATE ACTION WHO IS UTTER VIOLATION OF NATURAL JUSTICE SUO MOTTO GET IT ADVANCED THE CASE BY MANIPULATING AND FORGED THE LTM OF THE PETITIONER IN COLLUSION WITH R-4 FOR MONETARY BENEFIT AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Though this matter is listed for preliminary hearing,
with the consent of learned counsel for the parties, the matter is taken up for final disposal.
the petitioner is before this Court, questioning the
WP No. 3672 of 2023
correctness and legality of the order at Annexure-E bearing No.RRT (MR) CR 154/2022 dated 28.12.2022 wherein the Tahsildar ordered to enter the name of respondent No.4 in pursuance of the order of the Assistant Commissioner, Pandupura in R.Misc.No.190/96-97, setting aside R.R.T.C.R:103/96-97. Learned counsel for the petitioner would contend that the action of the Tahsildar, directing to enter the name of respondent No.4 when a civil suit between the petitioner and respondent No.4 is pending in O.S.No.4/2019 on the file of Civil Judge and JMFC, Nagamangala is wholly illegal and unreasonable. Further, learned counsel would also submit that the procedure followed by Tahsildar is improper and in that regard, learned counsel would invite attention of this Court to the averments made in paragraph 2 of the writ petition. Thus, he submits that the impugned order be set aside and the name of the petitioner be continued in the revenue records in respect of the land to an extent of 10¼ guntas in Sy.No.195/2 of Honanahalli Village.
WP No. 3672 of 2023
Commissioner directs the Tahsildar to enter the name of
WP No. 3672 of 2023
Sri.Mallegowda, father of respondent No.4. Thus, no fault could be found with the action of the Tahsildar in passing Annexure-E order dated 28.12.2022. Since the order of the Tahsildar herein is in accordance with law and in tune with the order of the Assistant Commissioner, this Court would not go into the allegations of the petitioner at paragraph 2 of the writ petition.
With the above, the writ petition stands disposed of.
Sd/JUDGE
MPK CT:bms List No.: 1 Sl No.: 30
2 issues framed by the court
Whether the writ court should interfere with the Tahasildar's order directing entry of respondent No.4's name in revenue records pending outcome of O.S.No.4/2019.
Whether the Tahasildar's order implementing the Assistant Commissioner's order dated 22.02.1999 is sustainable in law.
1 provisions across 1 enactments
Nanjundegowda S/o Late Putta Basava Gowda
Chief Secretary, Government of Karnataka
The Tahasildar Nagamangala Taluk
The Revenue Inspector Bellur Hobli
Mr. Manjegowda S/o Late Malle Gowda
S.G. Pandit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
