Karnataka High Court
C.SHIVANNA - Appellant
Versus
C.NARAYANA GOWDA - Respondent
Decided On : 01-23-95
W.P. : 25872 of 1994
JURISDICTION - LAND REVENUE ACT - Section 135, Section 136
Fact of the Case:
The petitioner sought to quash orders dated 29-7-1994 in R. A. (LKP) 32/92-93 and R. A. (LKP) 66/93-94, which were allowed and dismissed by the Sub-Division Officer, Ramanagaram, respectively. The petitioner's claim was based on the partition of family properties and subsequent mutation entries. The respondents claimed rights over the same properties, leading to the filing of appeals and subsequent orders by the appellate authority.
Finding of the Court:
The Court found that the appellate authority's admission of the appeal beyond the limitation period and subsequent condonation of delay without proper consideration were errors of jurisdiction, rendering the orders null and void. The Court also emphasized the availability of the statutory remedy of filing a suit under Section 135 of the Land Revenue Act.
Issues: The issues revolved around the jurisdiction of the appellate authority, the availability of alternative remedies, and the proper legal recourse for challenging entries in the revenue records.
Ratio Decidendi: The Court held that the orders based on errors of jurisdiction were illegal and void, and emphasized the statutory remedy of filing a suit under Section 135 of the Land Revenue Act for challenging entries in the revenue records.
Final Decision: The Court quashed the orders dated 29-7-1994 and directed the parties to pursue their claims and get the title question decided by the Civil Court in the pending suit, in accordance with the provisions of the law and Section 133 of the Land Revenue Act.
( 1 ) BY these petitions, the petitioner has prayed for calling for the record of proceedings in R. A. (LKP) 32/92-93 and R. A. (LKP) 66/93-94, before the Sub-Division Officer, Ramanagaram Subdivision, raxnanagaram in Bangalore Rural District. The petitioner has further prayed for issuance of writ of certiorari or any other appropriate writ, order, direction or command against respondents and has prayed for quashing of the orders dated 29-7-1994 in Nos. R. A. (LKP) 32/92-93 and R. A. (LKP) 66/93-94 on the file of the Sub-Division Officer, Ramanagaram, copies of which are Annexures H and J to these petitions, respectively, in respect of Sy. No. 166/2 (New) Sy. Nos. 555, 556 and 557 of harisandra Village in Ramanagaram Taluk.
( 2 ) THE facts of the case in brief are according to the petitioner's case as alleged in the writ petition, the petitioner's father had four sons as mentioned in paragraph-2 of the writ petition and that one of the brothers of the petitioner namely Sri dodda Veere Gowda, separated from the family some times in the year 1925 and shifted to Bilagumba village and began to live there. Other brothers of the petitioner as well as the petitioner continued to live jointly with their father till about 1945. According to the petitioner's case there came division and under the registered deed of partition, the partition did take place on 10-7-1945. The family properties were divided as per Schedules 'a', 'b' and 'c' to the said partition deeds and the properties which were allotted to the petitioner's share were described as schedule-C to the writ petition. According to the petitioner's case, as appears from record, on an application moved by petitioner and also alleged to have been moved by his elder brother Chikke Gowda, the properties which were allotted to their respective shares were separately phoded (divided) in the year 1960-61 as per Mutation Register entry No. 54/60-61 in the revenue records. Petitioner claims that as per entry in the mutation Register an extent of 29-00 acres in Sy. No. 166 has been entered in petitioner's name as per details given in paragraph-4 of the petition, over which the petitioner alleges to have done the act of user by raising trees. The petitioner further alleged that his brother Chikke Gowda died some 10 years back, i. e. , 10 years prior to the filing of the writ petition and respondents-1 and 2 are his sons. Respondents-1 and 2, according to petitioner's case, claim that what was originally Sy. No. 166 and belonged to the family of petitioner and his brothers and that the petitioner came to know about the second respondent's moving of some application to the Tahsildar, ramanagaram on or about 1991 claiming an extent of 15-00 acres in Sy. No. 166/2 of Harisandra Village. The Tahsildar sent an endorsement dated 30-4-1992 to the second respondent informing him that he had no authority to take any action in the matter as the Katha has already been made out in the name of the petitioner. Thereafter respondents-1 and 2 filed R. A. (LKP) 32/92-93 some times in 1992, The petitioner also challenged the correctness of the proceedings of M. R. Nos. 107 and 109/83-84, by way of abundant caution and this appeal was numbered as r. A. (LKP) 66/93-94 before Sub-Divisional Officer. That by two separate orders dated 29-7-1994, the Sub-Divisional Officer concerned exercising the appellate power allowed the appeal filed by respondents-1 and 2 and dismissed the appeal filed by the petitioner, the copies of the two orders passed in the two appeals mentioned above have been annexed by the petitioner as annexures H and J to the writ petition.
( 3 ) HAVING felt aggrieved from the order contained in Annexures H and J whereby the Appeal No. 32/92-93 was allowed and petitioner's Appeal No. 66/93-94 has been dismissed, the petitioner has come up before this Court by these petitions under Articles 226 and 227 of the Constitution of India and sought for the reliefs mentioned above.
( 4 ) TH
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