Karnataka High Court
Sri Rajaram Shetty vs State Of Karnataka on 19 March, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:11185
WP No. 23667 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 23667 OF 2023 (KLR-RES)
BETWEEN:
SRI. RAJARAM SHETTY,
S/O LATE SADASHIVA SHETTY,
AGED ABOUT 33 YEARS,
RESIDING AT MALADI,
THEKKATTE VILLAGE AND POST,
KUNDAPURA TALUK,
UDUPI DISTRICT - 576 231.
...PETITIONER
Digitally signed
by JUANITA (BY SRI. AJITH ANAND SHETTY, ADVOCATE)
THEJESWINI
Location: HIGH AND:
COURT OF
KARNATAKA
1. STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BANGALORE - 560 001,
BY ITS PRINCIPAL SECRETARY.
2. DEPUTY COMMISSIONER,
UDUPI DISTRICT, RAJATADRI,
MANIPAL, UDUPI - 576 104.
3. DEPUTY DIRECTOR OF LAND RECORDS,
OFFICE OF THE DEPUTY COMMISSIONER,
UDUPI DISTRICT, RAJATADRI,
MANIPAL, UDUPI - 576 104.
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WP No. 23667 of 2023
4. ASSISTANT DIRECTOR OF LAND RECORDS,
KUNDAPURA SUB DIVISION,
KUNDAPURA, UDUPI - 576 201.
5. ASSISTANT COMMISSIONER,
KUNDAPURA SUB DIVISION,
KUNDAPURA, UDUPI - 576 201.
6. SMT. JAYAMMA,
D/O LATE SMT. SUSHEELA SHEDTHI,
AGED ABOUT 62 YEARS,
RESIDING AT KAVADIMANE,
MALADI, THEKKATTE VILLAGE AND POST,
KUNDAPURA TALUK, UDUPI DISTRICT - 576 231.
...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA FOR R1 TO R5;
SRI. K. CHANDRANATH ARIGA, ADVOCATE FOR R6)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ENDORSEMENTS BN.THA.BHU.SA.NI/23/23-24
DATED 03RD AUGUST 2023 AND
BN/THA.BHU.SA.NI/ENDORSMENT/40/23-24 08TH SEPTEMBER,
2023, ISSUED BY THE R-4 AUTHORITY, PRODUCED HEREWITH
AS PER ANNEXURE-V AND W RESPECTIVELY AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 23667 of 2023
ORDER
R.DEVDAS J., (ORAL):.
Learned Additional Government Advocate is directed to take notice for respondent Nos.1 to 5. Notice to respondent No.6 is not necessary for the following reasons.
2. On hearing the learned counsels for the petitioner as well as the contesting respondent No.6, it is clear that respondent No.6 is seeking to contend that her grandmother, Smt.Koragamma Shedthi was conferred occupancy rights in respect of 46 cents in Sy.No.344/1 at the hands of the Land Tribunal, Kundapura Taluk, and therefore, Sri.Gururaja Upadhya, the vendor of the petitioner herein, could not have sold the property in favour of the petitioner herein.
3. Per contra, it is the contention of the petitioner that respondent No.6 cannot contend that 46 cents were only allotted to the share of Sri.Gururaja Upadhya in the partition deed, since the total extent of land in Sy.No.344/1 was 92 cents and what the petitioner purchased from Sri.Gururaja Upadhya is only the other half of the property where occupancy rights were not conferred by the land tribunal. -4-
NC: 2024:KHC:11185 WP No. 23667 of 2023
4. Nevertheless, this Court need not get into all these aspects, since it is for the Civil Court to consider such contentions in O.S.No.490/2022 to consider all these aspects. In the present writ petition, this Court is only concerned with the impugned endorsement issued by the Assistant Director of Land Records, Kundapura, declining to conduct the phodi on the ground that there is an injunction order passed by the Principal Civil Judge and JMFC at Kundapura in O.S.No.490/2022.
5. In the considered opinion of this Court, the Assistant Director of Land Records is not debarred from proceeding to conduct the phodi on the ground that there is an injunction order passed by the Civil Court. Learned counsel has pointed out to the interim orders passed by the civil Court on I.A.No.2 and I.A.No.20, both under Order 39 Rule 1 and 2 of the CPC. It is clear from the order passed on I.A.No.2 filed by the plaintiff, i.e., respondent No.6 herein, that the defendant No.1 is temporarily restrained by an order of injunction from causing any waste and damage to suit a schedule property or interfering in the peaceful possession and enjoyment of suit 'A' schedule property or from changing its present landscape or -5- NC: 2024:KHC:11185 WP No. 23667 of 2023 from dispossessing the plaintiff under the guise of getting the property measured till disposal of the suit. At the same time, the civil Court has also passed an interim order in favour of defendant No. 1, i.e., the petitioner herein restraining the plaintiff from trespassing, interfering in the peaceful possession and enjoyment of the petitioner herein in 'B' schedule property, particularly towards the eastern portion of 46 cents of land out of the whole extent of 92 cents in Sy.No.344/1 of Thekkatte Village, Kundapura Taluk, pending disposal of the suit.
6. It is therefore clear that there are two pieces of land in Sy.No.344/1 both measuring 46 cents each, and both parties have an interim order in their favour passed by the very same civil Court. Therefore, this Court is of the considered opinion that merely by permitting the Assistant Director of Land Records to proceed to conduct the phodi and durast, it will not in any way violate the interim orders passed by the civil court or permit the petitioner to change the nature of the land. All that will be done by the Assistant Director of Land Records is to fix the boundary in terms of the sale deed and, if need be assign a new number to the land purchased by the petitioner. That will not in any way prejudice the case of respondent No.6 -6- NC: 2024:KHC:11185 WP No. 23667 of 2023 before the Civil Court. As and when respondent No.6 succeeds in getting a decree at the hands of the civil Court, she will obviously be entitled to have her name entered in the land records.
7. For the reasons stated above, this Court is of the considered opinion that respondent No.5-Assistant Director of Land Records, Kundapura Sub Division, may proceed to conduct the phodi in terms of the observations made herein above. The petitioner shall also ensure that nothing more shall be done except to conduct the phodi and the petitioner shall maintain the directions issued by the civil Court as noticed herein in O.S.No.490/2022 in I.A Nos.2 and 20.
8. Accordingly, the writ petition is partly allowed, while setting aside the impugned endorsement dated 03.08.2023 and 08.09.2023 at Annexures-V and W. Respondent No.4-Assistant Director of Land Records, Kundapura Sub Division, may proceed to conduct the phodi in accordance with law on the application filed by the petitioner.
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9. Needless to observe that any observations made by this Court in this order shall not cause any prejudice to the case of either of the parties before the civil Court.
Sd/-
JUDGE rv, List No.: Sl No.:
CT: BHK