Karnataka High Court
Narayan S/O. Maruti Mayekar vs Narayan S/O. Pandurang Masekar on 13 August, 2014
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 13TH DAY OF AUGUST, 2014
BEFORE
THE HON'BLE MR. JUSTICE H.BILLAPPA
WRIT PETITION NO.104119/2014 (KLR-RES)
BETWEEN
NARAYAN S/O. MARUTI MAYEKAR,
AGE: 49 YEARS, OCC: BUSINESS.
R/O. VIDHYANAGAR,
KHANAPUR, DIST: BELGAUM. ... PETITIONER
(BY SRI.DINESH M KULKARNI, ADV.)
AND
1. NARAYAN S/O. PANDURANG MASEKAR
AGE: 36 YEARS,
OCC: AGRICULTURE
R/O. VIDYANAGAR, KHANAPUR.
DIST: BELGAUM.
2. NAGESH S/O. PANDURANG MASEKAR
AGE: 36 YEARS,
OCC: AGRICULTURE
R/O. VIDYANAGAR, KHANAPUR
DIST: BELGAUM.
3. ABDUL AZIM S/O. LADSAB TELGI
AGE: 51 YEARS,
OCC: AGRICULTURE
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R/O. VIDYANAGAR, KHANAPUR
DIST: BELGAUM.
4. THE TAHASHILDAR
KHANAPUR TALUK,
KHANAPUR, DIST: BELGAUM.
5. THE ASSISTANT DIRECTOR OF
LAND RECORDS, BELGAUM SUB DIVISION,
BELGAUM.
6. THE TALUKA SURVEYOR
OFFICE OF TAHASHILDAR
KHANAPUR, TQ: KHANAPUR
DIST: BELGAUM. ... RESPONDENTS
(BY SRI. H M DHARIGOND, ADV. FOR C/R1-3,
SRI.M. KESHAVAREDDY, AGA FOR R.4 TO R.6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH ANNEXURE-O DATED 24.02.2014 PREPARED BY
RESPONDENT NO.6 AS CONTRARY TO THE DIRECTION
ISSUED BY THIS COURT IN W.P.NO.84167/2013 VIDE
ANNEXURE-F, AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT, MADE THE FOLLOWING:
ORDER
In this writ petition under Articles 226 and 227 of the Constitution of India, the petitioner has called in question the map prepared by the 6th respondent vide annexure-O. :3:
2. By the impugned map at annexure-'O', the 6th respondent has fixed the boundaries of Sy.Nos.92/1 and 92/2 of Khanapur village as directed by this court in W.P.No.84167/2013.
3. Aggrieved by that, the petitioner has filed this writ petition.
4. Briefly stated the facts are;
The petitioner and the father of respondents 1 and 2 were cultivating the land in Sy.No.92 of Khanapur village. They filed Form No.7 claiming occupancy rights. The petitioner was granted occupancy rights in respect of Sy.No.92 of Khanapur village to the extent of 9 acres 12 guntas. The father of the respondents was granted occupancy rights in respect of Sy.No.92 of Khanapur village to the extent of 9 acres 11 guntas. Thereafter, the respondents 1 and 2 requested to the 4th respondent to measure the land and fix the boundaries. The 4th respondent declined to measure the land and issued an endorsement. It was :4: challenged in W.P.No.84167/13. This court directed the 4th respondent to survey the land and fix the boundaries in terms of the order passed by the Land Tribunal, Khanapur, in Case No.KLR:OCP:SR:413-13. Thereafter, the land is surveyed and map has been prepared as per Annexure-'O' fixing the boundaries of Sy.Nos.92/1 and 92/2.
5. The respondents 1 to 3 and the respondents 4 to 6 have filed statement of objections contending that the map has been prepared in terms of the direction of this court in W.P.84167/2013 and order of the Land Tribunal by measuring and fixing the boundaries. Therefore, the writ petition may be dismissed.
6. The learned Counsel for the petitioner contended that the map is not prepared as per the direction of this court and order of the Land Tribunal. The boundaries should have been fixed exactly for half portion to the extent granted by the Land Tribunal. Therefore, the impugned map cannot be sustained and it is liable to be quashed.
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7. The learned Counsel for the respondents 1 to 3 submitted that the land was measured and boundaries were fixed in presence of the parties. The map has been prepared in terms of the direction of this Court in W.P.No.84167/2013 and also the order passed of the Land Tribunal and therefore, the impugned map does not call for any interference.
8. The learned AGA also submitted that the map has been prepared in terms of the order passed by the Land Tribunal and also the direction of this Court in W.P.No.84167/2013. Therefore, the impugned map does not call for interference.
9. I have carefully considered the submissions made by the learned Counsel for the parties.
10. I find considerable force in the submission of the learned Counsel for the respondents 1 to 3 and also the learned AGA. It is relevant to note, the Land Tribunal has granted occupancy rights in favour of the petitioner in respect of Sy.No.92/2 of Khanapur village to the extent of 9 acres 12 :6: guntas. Occupancy rights have been granted in favour of the father of the respondents 1 and 2 to the extent of 9 acres 11 guntas. Thereafter, the respondents 1 and 2 have requested the 4th respondent to measure the land and fix the boundaries. The 4th respondent has issued an endorsement declining to measure the land. Therefore, the respondents 1 and 2 have approached this Court in W.P.No.84167/2013. This Court by its order dated 5.12.2013 has directed the 4th respondent to survey the land and fix the boundaries keeping in view the order dated 7.11.2002 passed by the Land Tribunal, Khanapur, in Case No.KLR:OCP:SR:413-13. Pursuant to this, the map has been prepared as per annexure 'O' after measuring the land and identifying the boundaries. The land granted in favour of the father of respondents 1 and 2 is shown as R.S.No.92/1 and land granted in favour of the petitioner is shown as R.S.No.92/2. The map also indicates as to how the land was measured and boundaries were fixed. At the time of measuring the land the petitioner, respondents 1 and 2 and the witnesses were present. The measurements :7: have been taken in terms of the order passed by the Land Tribunal and also the direction of this Court. Therefore, there is no merit in the contention that the map is not prepared as per the direction of this Court or the order of the Land Tribunal. Annexure 'O' clearly indicates that the land is measured in presence of the parties and panchas and boundaries have been fixed. Therefore, the impugned map does not call for interference.
Accordingly, the writ petition is dismissed.
Sd/-
JUDGE Sub/