This writ petition has come up for orders on the application in Misc W No.5852 of 2011 filed by the fifth respondent under Order XXXIX Rules 1 and 2 CPC, praying for a restraint order against the writ petitioner, on the premise that the interim order of status quo granted by this court on 18-4-2011, reading as under:

The parties to maintain status quo till next date. Call after vacation.

Has caused lot of hardship, misery and even harassment to the fifth respondent, now represented by daughter – Ms Aparajammanni, who is being called to the police station on the premise that the high court has granted an order in favour of the writ petitioner and therefore writ petitioner is entitled to remain in possession of the subject land etc.

2. When the matter was taken up for orders on the application, as objections have already been filed not only to the application but also to the main writ petition, and with the consent of Sri Vinod Prasad, learned counsel for the petitioner, Sri Mahantesh S. Hosmath, learned counsel for fifth respondent Sri. R. Omkumar, learned AGA, appearing for respondents 1 to 4, taken up for disposal and the writ petition is disposed of by the following order.

3. This writ petition is a typical example of misuse and abuse of powers of this court invoking Article 227 of the Constitution of India and as to how persons who have even admittedly committed illegalities, have managed to procure orders starting from the tahsildar up to the high court and have managed to perpetuate the illegalities to the detriment, hardship and agony of law abiding citizens.

4. This petition is also a typical example of how any beneficial scheme in respect of affected persons can be hijacked by muscle flexing, law violating but physically and otherwise also powerful persons, taking law into their own hands and seeking the aid of procedure and the hierarchy of the system of appeals and revisions to perpetuate their illegalities and as to how even the High Court is taken for a ride by obtaining orders dubious in nature such as “status quo” orders.

5. The subject matter of this writ petition is an extent of 3 acres of land in Sy.No.1/98 of Kenchanahalli Village, H D Kote taluk in Mysore district, which is a land which was earmarked for being granted in favour of persons who had been affected and who had lost their agricultural lands in the lands which got submerged on account of construction of Kabini reservoir across Kabini river.

6. The subject land, without dispute, had been granted in favour of the fifth respondent Ms. Cheluvarajammani w/o late Siddappa Urs (since deceased, now by her legal heir-daughter Ms Aparajammanni), as per a grant order dated 29-8-1973 in proceedings No LND 4-12/73-74, passed by the Additional and Special Assistant Commissioner for grant of lands in Hunsur sub-division, under which order the very persons had been granted another extent of 3 acres in Sy No.1/00 of very village, as a person who had lost an extent of 6 acres of her land due to submergence in the backwaters of the reservoir.

7. The fifth respondent while has asserted that ever since the grant, she had been in possession and cultivation of the subject land, her possession was disturbed and in fact she has been dispossessed from the subject land in the year 1976 and therefore had approached the Deputy Commissioner, Mysore for restoration of the land by removing the encroachment by the present writ petitioner in this writ petition and the Special Deputy Commissioner, Mysore had passed an order to this effect in favour of fifth respondent in this writ petition in case No.LND.412/1979-80 dated 12.5.1982, directing the lower revenue authorities to evict the petitioner from the subject land and to restore possession in favour of the fifth respondent.

8. Against this order, the present writ petitioner preferred appeal No.126 of 1982 before the Karnataka Appellate Tribunal, Bangalore. The appeal came to be disposed of in terms of the order d