Sri T S Ramachandran vs The Deputy Commissioner on 27 August, 2012

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Karnataka High Court

Sri T S Ramachandran vs The Deputy Commissioner on 27 August, 2012

Bench: B.S.Patil

                                                      WP 377/2010
                               1



    IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 27TH DAY OF AUGUST, 2012

                           BEFORE

            THE HON'BLE MR.JUSTICE B.S.PATIL

               W.P.No.377 /2010 (KLR-RR/SUR)

BETWEEN:

Sri T.S.Ramachandran
Bin late P.R.Subramanya Iyer
Aged about 65 years
Auditor
K.H.B.Colony, B.M.road,
Hunsur Town,
Hunsur, Mysore Dist.                   ... PETITIONER

(By Sri Pradeep Kumar K.N., Adv. for
 G.Balakrishna Shastri, Adv.)

AND:

1. The Deputy Commissioner
   Mysore District,
   Mysore.

2. The Assistant Commissioner
   Hunsur Sub-Division
   Hunsur.

3. The Tahsildar,
   Hunsur Taluk,
   Mysore District.

4. Smt.Deveeramma
   W/o late Cheluvaiah
   Major, No.1282,
   Maruthi Extension,
   Hunsur Town, Hunsur.                ... RESPONDENTS
                                                      WP 377/2010
                                  2


(By Sri K.Krishna, AGA for R1-5
 Sri Y.D.Harish, Adv. for R4)

      This writ petition is filed under Articles 226 & 227 of the
Constitution of India, praying to quash the order dated
25.8.2009 in Rev. No.135/2007-08 passed by the 1st
respondent vide Annexure-A and etc.

      This petition coming on for preliminary hearing-B group
this day, the Court made the following:

                            ORDER

1. Petitioner and respondent No.4 have filed a joint memo stating that they have settled their dispute with regard to 4 acres of land in Sy. No.309 situated at Dodda Hunsur village, Hunsur Taluk, Mysore District. They contend that respondent No.4 has executed a registered sale deed dated 17.01.2011 by receiving a sum of Rs.2,70,000/- in respect of eastern portion of 2 acres 10 guntas of land out of the total extent of 4 acres in Sy. No.309, in favour of the petitioner. The western portion of 1 acre 30 guntas of land in Sy. No.309, it is stated, is given to respondent No.4. Therefore, they have sought for modification of the order passed by the Deputy Commissioner impugned in this writ petition and for a direction to the Tahsildar to effect entries in terms of the compromise entered into. WP 377/2010 3

2. I have heard the learned Counsel for the petitioner and respondent No.4 and as also the learned Additional Government Advocate representing respondent Nos.1 to 3.

3. In the light of the joint memo filed, this writ petition is disposed of. The order passed by the Deputy Commissioner in so far as it pertains to the rejection of the claim of the petitioner is set aside. The order of the Deputy Commissioner is modified. The Tahsildar is directed to effect entries in terms of the sale deed dated 17.01.2011 and by considering the joint memo in accordance with law. It is made clear that on the petitioners producing before the Tahsildar, the copy of this order along with the certified copy of the joint memo filed by them before this Court, the Tahsildar shall consider the matter and pass appropriate orders regarding the entries to be effected in the names of the petitioner and respondent No.4 in the revenue records. The Tahsildar shall take such steps, expeditiously, at any rate within a period of three months from the date of receipt of a copy of this order and the joint memo.

Sd/-

JUDGE KK

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