Karnataka High Court
Smt. V Deepa vs State Of Karnataka on 16 February, 2022
Author: R Devdas
Bench: R Devdas
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2022
BEFORE
THE HON' BLE MR.JUSTICE R DEVDAS
WRIT PETITION NO.1297 OF 2022 (KLR-RES)
BETWEEN
SMT. V DEEPA
W/O C. NANJAREDDY
AGED ABOUT 40 YEARS
RESIDING AT THYAVAKANAHALLI VILLAGE
SARJAPUR HOBLI, ANEKAL TALUK
BANGALORE - 562125 ... PETITIONER
(BY SRI.KRISHNA T, ADVOCATE)
AND
1. STATE OF KARNATAKA
REVENUE DEPARTMENT
REPRESENTED BY ITS SECRETARY
BANGALORE - 560001
2. THE DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
BANGALORE - 560009
3. THE ASSISTANT COMMISSIONER
BANGALORE SOUTH SUB DIVISION
BANGALORE - 560009
4. THE TAHSILDAR
ANEKAL TALUK, ANEKAL - 560106
-2-
5. SRI JAYAPAL REDDY
AGED ABOUT 46 YEARS
S/O LATE CHIKKANNA
RESIDING AT NO 275/18,
15TH CROSS, 8TH MAIN,
LAKKASANDRA LAYOUT
WILSON GARDEN,
BANGALORE - 560030 ...RESPONDENTS
(BY SRI. A. R. SRINIVAS, AGA FOR R1 TO R4;
SRI. ABHINAY Y. T., ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE ORDER PASSED BY THE DEPUTY COMMISSIONER R-2
HEREIN, DTD 18.11.2021 IN REVISION PETITION NO.270/2021
VIDE ANNX-A AND SET ASIDE THE ORDER PASSED BY R-3
HEREIN, DTD 03.08.2021 N RA (A) 370/2021 VIDE ANNX-B AND
ETC.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL) :
Learned Additional Government Advocate takes notice for all the respondents. Learned Counsel Sri. Abhinay T Y, has entered appearance for respondent No.5. -3-
2. The petitioner is before this Court calling in question the order dated 03.08.2021 passed by respondent No.3-Assistant Commissioner in R.A.No.370/2021 and order dated 18.11.2021 passed by respondent No.2-Deputy Commissioner in Revision Petition No.270/2021.
3. Learned Counsel for the petitioner submits that the petitioner claims under a registered Will dated 15.02.2017, left behind by Sri.P.Srinivasa Reddy, father-in-law of the petitioner. However, the name of respondent No.5 herein has been entered in the revenue records consequent to the order of probate said to have been obtained by respondent No.5 in P&SC. No.5042/2019 passed by the III Additional District and Sessions Judge, Bengaluru Rural District, sitting at Anekal. Learned Counsel submits that respondent No.5 is fully aware that late Sri.Srinivasa Reddy left behind a registered Will in favour of the petitioner and without impleading her as party respondent to the proceedings, -4- respondent No.5 has clandestinely obtained an order of probate. Nevertheless, the petitioner has also filed a petition under Section 263 of Indian Succession Act, 1925 seeking revocation or annulment of probate certificate dated 24.02.2021 issued in favour of respondent No.5. Learned Counsel for the petitioner would therefore submit that until the dispute is resolved by a competent civil court, protection is required to be given to the petitioner.
4. Learned Counsel Sri. Abhinay Y T, appearing for respondent No.5 opposes the submissions made by the learned Counsel for the petitioner and submits on instructions that respondent No.5 will undertake not to alienate the property in question till the disposal of the petition filed by the petitioner herein in P&SC No.5034/2021.
5. Recording the submissions of the learned Counsel for respondent No.5, this writ petition stands disposed of -5- with a direction to respondent No.4-Tahsildar, Anekal Taluk to enter the pendency of the dispute in P&SC No.5034/2021 on the file of III Additional District and Sessions Judge, sitting at Anekal, in column No.11 of the RTC.
6. Needless to observe that as and when a decision is taken by the competent civil court, the name of the person in whose favour a declaration would be made shall be entered in the revenue records.
Ordered accordingly.
Learned Additional Government Advocate is permitted to file Memo of Appearance within a period of four weeks from today.
Sd/-
JUDGE DL