Karnataka High Court
Smt. Gouramma Urf Gouravva W/O.Ashok ... vs Deputy Commissioner Bagalkot on 14 January, 2022
:1:
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 14TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE R. NATARAJ
WRIT PETITION NO.66792/2010 (KLR-RR/SUR)
BETWEEN:
SMT. GOURAMMA URF GOURAVVA
W/O ASHOK URF SHIVABASAPPA HADLI,
AGE: 54 YEARS, OCC:AGRIL. AND HOUSE HOLD,
R/O MANINAGAR,
TQ: BADAMI
PETITIONER
(BY SMT. ARADHANA MANVI, ADVOCATE FOR SRI JAGADISH
PATIL, ADVOCATE)
AND
1 . DEPUTY COMMISSIONER
BAGALKOT
BAGALKOT
2 . THE ASSISTANT COMMISSIONER
BAGALKOT
3. THE SPECIAL TAHASILDAR
GULEDAGUDDA
4. MALLIKARJUN,
S/O VEERANGOUDA HADLI
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AGE: MAJOR,
R/O KATGERI,
TQ: BADAMI
DIST:BAGALKOT
RESPONDENTS
(BY SRI SHIVAPRABHU S. HIREMATH, ADDITIONAL
GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 TO 3
SRI SURESH P. HUDEDGADDI, ADVOCATE FOR RESPONDENT
NO.4 )
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN
THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT
NO.2 AUTHORITY TO DISPOSE OF THE MATTER AS PER
DIRECTIONS ISSUED BY THE RESPONDENT NO.1 VIDE
ANNEXURE-B IN ACCORDANCE WITH LAW.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner has sought for a writ in the nature of mandamus to direct the respondent No.2 to comply with the Order passed by the respondent No.1 dated 06.09.2007.
2. The lands bearing Sy. Nos.153/2B, 121, 139, 137 and 352 of Katageri village, Badami Taluk, were owned and possessed by Sri Veeranagouda who had three sons and three daughters. After the death of Sri Veeranagouda in the year 1984, all his legal heirs submitted a report before the competent :3: authority to enter the name of the petitioner, who was the daughter-in-law of Sri Veeranagouda. Since the three daughters had relinquished their shares in favour of the sons, the names of all the sons of Sri Veeranagouda were entered in the revenue records as per M.E. No.5203. After the death of the husband of the petitioner, she submitted a report to enter her name in the revenue records. Based on the same, M.E. No.7122 was effected in the revenue records. However, the respondent No.4 filed objections to that, whereupon the respondent No.3 enquired the said dispute. In the meanwhile, a suit in O.S. No.114/2002 was pending consideration before the learned Civil Judge, Bagalkot. Hence, the respondent No.3 set aside M.E. No.7122 in terms of the order dated 17.03.2006. The petitioner aggrieved by the aforesaid order, filed an appeal under Section 136(2) of the Karnataka Land Revenue Act, 1964 before the respondent No.2. The respondent No.2 took note of the pending suit in O.S. No.114/2002 and dismissed the appeal in terms of the Order dated 26.02.2007. Thereupon, the petitioner filed a revision petition before the respondent No.1. In the meanwhile, O.S. No.114/2002 was withdrawn. In view of the admitted relationship between the parties, the respondent No.1 in terms of :4: the impugned order dated 06.09.2007, allowed the revision petition by setting aside the Order dated 17.03.2006 passed by the respondent No.3 herein and the Order dated 26.02.2007 passed by the respondent No.2 herein and directed the names of the petitioner herein as well as respondent No.4 herein to be entered in the revenue records relating to the aforesaid lands. The petitioner, therefore, has filed this writ petition seeking for a direction to the respondent No.2 to comply the order passed by the respondent No.1.
3. The learned counsel for the respondent No.4 submits that after the suit in O.S. No.114/2002 was withdrawn, the petitioner has filed O.S. No.8/2014 which is pending consideration before the learned Senior Civil Judge and JMFC., Badami. The learned counsel, therefore, submitted that even if the order passed by the respondent No.1 is complied with, yet it should be subject to the result of the suit in O.S. No.8/2014. The learned counsel for the petitioner did not dispute the fact that she had filed O.S. No.8/2014.
In that view of the matter, this Writ petition is disposed off directing the respondent No.2 to comply the Order dated 06.09.2007 passed by the respondent No.1 and enter the names :5: of the petitioner as well as respondent No.4 in respect of the lands in question which shall however be subject to the final outcome of the suit in O.S. No.8/2014 pending trial before the learned Senior Civil Judge and JMFC., Badami. The respondent No.2 shall comply with this order within an outer limit of three months from the date of receipt of a certified copy of this order.
The Writ Petition is disposed off.
Sd/-
JUDGE sma