The court prioritized the preservation of the standing crop and directed the parties to resolve the possession dispute through appropriate Civil Court remedies.

JUDGMENT

1. Heard Shri Sunil.S.Rao, learned advocate for the petitioner, Shri Vijaykumar A.Patil, learned AGA for the State and Shri A.K.Dhiraj Kumar, learned advocate for respondents No.5 & 6.

2. Petitioner claims to be in unauthorized occupation of property measuring 3 acres of land in Sy.No.23 of Haradanahalli Village, Nagamangala Taluk and Mandya District. He claims to have grown pumpkin in the said land. Respondent No.5 claims that land in question was granted to her. Based on a report submitted by Sub-Inspector of Police, Nagamangala, on 01.10.2019, Tahasildar has passed an order under Section 145 of Cr.P.C., and the same has been challenged by the petitioner in this writ petition.

3. Learned advocate for petitioner submitted that petitioner may be permitted to harvest the standing crop.

4. Learned advocate for private respondents submits that since there is a dispute between the parties and land has been granted in favour of respondent No.5 and respondent No.5 is prepared to harvest the crop in presence of petitioner and Village Accountant and deposit the proceeds with the Tahasildar, which can be made subject to adjudication of claim before the Civil Court.

5. Learned AGA submitted that controversy can be resolved by permitting harvesting the standing crop by private respondents in presence of petitioner and Village Accountant. Village Accountant shall be present at the time of harvesting subject to parties maintaining peace and harmony.

6. I have carefully considered rival submissions and perused the records.

7. The controversy is with regard to possession of land in question. But the matter for consideration is with regard to harvesting of standing crop, which will be wasted with the lapse of time. In the circumstances, the following;

ORDER

(i) Respondents No.5 and 6 shall harvest the standing crop in presence of petitioner & the Village Accountant and deposit the proceeds with the Tahasildar;

(ii) Respondent-State shall ensure that Village Accountant is present on 16.01.2020 to supervise harvesting the crops and ensure deposit of proceeds with the Tahasildar;

(iii) So far as possession of land in concerned, parties shall workout their remedies before appropriate Civil Court;

(iv) Hence, all proceedings before the Tahasildar is unnecessary and they are accordingly quashed;

(v) It is made clear that this Court has not examined the rival contentions so far as the claims of possession of property is concerned;

(vi) Petition disposed of.

8. In view of disposal of the petition, all pending interlocutary applications do not survive for consideration and they stand disposed of.

No costs.