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2010 DIGILAW 494 (KAR)

Govindappa v. State Of Karnataka

2010-04-06

H.G.RAMESH

body2010
Judgment : 1. Petitioner has sought for to quash the orders passed by the respondent –authorities at Annexure-A, B, C and to pass any other appropriate orders. 2. According to the petitioner, his name was entered in the revenue records in respect of the property in Sy. Nos. 36 and 37 of Giddennahalli Village, Attibele Hobli, Anekal Taluk measuring 5 acres 16 guntas and 1 acre 33 guntas respectively. However, by order dated 13-12-2000 the Special Tahsilder, Anekal has entered the name of the 6th respondent deleting the name of the petitioner and others. The said order has been challenged by the petitioner before the Assistant Commissioner, who dismissed the appeal, as against which, a revision petition was preferred before the Special Deputy Commissioner, who also confirmed the order of the Assistant Commissioner while dismissing the revision filed by the petitioner. Hence, this petition. 3. Heard. 4. There is a dispute as to the right and entitlement over some of the properties, which are held by the parties in common. However, regarding the entry in the revenue records is concerned, the grievance of the petitioner is that without hearing him and without affording sufficient opportunity the name of the 6th respondent has been entered behind his back. What is being noticed in the impugned order passed by the Special Deputy Commissioner on 19-1-2009 is that, the parties are litigating over some of the ancestral properties as to their right and entitlement and he has ordered that the entries made in the revenue records would be subject to the decision of the Civil Court and directed the parties to approach the Civil Court. In view of the observation made, if the name of the 6th respondent is entered in the revenue records, it is only a temporary arrangement and it would be subject to the final decision that would be taken by the Civil Court. Since the parties have already approached the Civil Court seeking their right and entitlement over the property in question, entering the name of the petitioner in the revenue records would be subject to the result of the civil suit pending. 5. According, writ petition is disposed of.