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2017 DIGILAW 412 (KAR)

SYED FAYAJ HUSSAIN S/O SYED AKBAR HUSSAIN v. STATE OF KARNATAKA

2017-02-08

RATHNAKALA

body2017
ORDER : The petitioners are before this Court challenging the order passed by the Deputy Commissioner, Kalaburagi under Section 56 of the Karnataka Land Revenue Act whereby the revision petition challenging the order of the Technical Assistant and DDLR, Kalaburagi was upheld. 2. To put the facts in a nutshell, the petitioners are the exclusive owners in possession of the land in dispute, measuring 18 acres 2 guntas having purchased the same under the Registered Sale Deed dated 20.06.2006, 21.06.2006 and 18.04.2006 from its rightful owners. After purchase of the same, they made an application before the Tahsildar for carrying out the survey of the land and to prepare the Phodi map and for issuance of Form No.10. Accordingly, their application was considered and Form No.10 was issued in the year 2006. The respondent challenged Form No.10 before the Technical Assistant and DDLR, Kalaburagi and the appeal came to be allowed. 3. As per the submission of Sri N.Krishanacharya, learned counsel for respondent Nos.5 to 8, before preparing Phodi map, no notice was issued to them though they are the original owners in possession of the property and they have filed a civil suit on the file of 4th Additional Civil Judge (Jr.Dn.), Kalaburagi in O.S.No.4/2013. As the parties are before the Civil Court to agitate their disputed rights, this petition is disposed off for the present and controversy about form ‘C’ shall follow the result of the civil case.