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2023 Supreme(Kar) 1418
IN THE HIGH COURT OF KARNATAKA
B.M. Shyam Prasad, J.
Chiranjeevi and Others – Petitioners
Versus
The State of Karnataka and Others – Respondent
Writ Petition No. 12321 of 2022, Writ Petition No. 8718 of 2021
Decided On : 06-10-2023
Important Points
Subject
Property Law - Land Rights
Act Referred
Headnote
(B) Jurisdiction issues under the KVOA Act - The Tahsildar lacks jurisdiction to determine rights not directly provided for under Sections 3 (1) and 5 of the KVOA Act. (Paras 13, 14)
Facts of the case:
The dispute centers around rights of lands in Alambady village among the legal heirs of an original village office holder. The heirs contend for shares derived under the Last Will of Smt. Muniyamma, adding complexity due to contesting claims from her descendants and the subsequent legal entanglements.
Findings of Court:
The Court reiterated the necessity for pending civil suit resolutions to determine exact ownership rights, upholding the revenue entries until decided in O.S. No. 82/2016.
Issues: The core issue addressed was the legitimacy of claims made by various descendants and the jurisdiction of the Tahsildar in resolving these competing rights.
Ratio Decidendi: The Court emphasized that jurisdiction concerning the rightful ownership of shares under the KVOA Act does not extend to adjudicating on matters beyond its explicit provisions, thereby necessitating resolution through civil litigation.
Result: Petitions disposed of, with directions for revenue entry to remain effective pending the outcome of O.S. No. 82/2016.
Advocate Appeared:
For the Petitioner: Sunil S. Rao
For the Respondents: Shamanth S. Naik, Varun Papireddy, H.K. Paramesh Kumar
| Table of Content |
|---|
| 1. dispute regarding property regrant among heirs (Para 1 , 2) |
| 2. genealogy and claims of inheritance (Para 3 , 4 , 5) |
| 3. historical context and procedural history of claims (Para 6 , 7 , 8 , 9 , 10) |
| 4. allegations of procedural impropriety against the tahsildar (Para 11 , 12) |
| 5. scope of jurisdiction under kvoa act relative to property claims (Para 13 , 14 , 15) |
| 6. order upholding revenue entries pending suit resolution (Para 16) |
ORDER :
1. These petitions are filed impugning the order dated 21.04.2021 in INA.CR.325/1978-79 by the Tahsildar, Malur Taluk, Kolar District and for quashing the revenue entry in MR No. T.37/2021-22 for the different lands in Alambady village, Lakkur Hobli, Malur Taluk, Kolar District. The writ petition in WP No. 8718/2021 is filed for quashing the order dated 21.04.2021 and the writ petition in WP No. 12321/2022 is for quashing the revenue entry in MR No. T.37/2021-22. The dispute relates to regrant of rights to the following lands in Alambady village, Lakkur Hobli, Malur Taluk, Kolar District:
(a) Land bearing Sy. No. 16, measuring 28 guntas.
(b) Land bearing Sy. No. 18, measuring 10 guntas.
(c) Land bearing Sy. No. 19, measuring 2 acres 21 guntas.
(d) Land bearing Sy. No. 54, measuring 5 acres 13 guntas.
(e) Land bearing Sy. No. 65, measuring 4 guntas.
(f) Land bearing Sy. No. 71, measuring 1 Acres 28 guntas.
(g) Land bearing Sy. No. 161, measuring 25 guntas.
These properties for convenience are referred to as “subject properties.”
2. The dispute is amongst the legal heirs of the original Holder of an inferior Village office, Sri. Thoti Muniga, who has died leaving behind his two sons, Sri. Thoti Papanna and Sri. Thoti Thimmarayappa. Smt. Doddamaduramma is the wife of Sri. Thoti Papanna and Smt. Chikkamaduramma is the wife of Sri. Thoti Thimmarayappa, and all these four persons are deceased. There is no dispute that certain grand children of Smt. Muniyamma, wife of Sri. Hanumanthappa, the daughter of Sri. Thoti Papanna and Smt. Doddamaduramma, because of bequeath by Smt. Doddamadduramma, would be entitled to contemporaneous re-grant and for half a share in the subject properties, but the controversy is about the remaining half share in the subject properties that Sri. Thoti Thimmarayappa/Smt. Chikkamadduramma would have been entitled to.
3. This Court must observe that the claim for this half share has resulted in a protracted dispute amongst the petitioners, who assert legacy under the Last Will and Testament executed by Smt. Muniyamma [the daughter of Thoti Thimmarayappa and Smt. Chikkamadduramma], and the legal representatives of Sri. Talwar Chikkanna @ Chikkonu and Smt. Chikkamadduramma. It is stated that Smt. Chikkamadduramma, after the demise of Sri. Thoti Thimmarayappa, has remarried Sri. Talwar Chikkanna @ Chikkonu. The genealogical tree of Sri. Thoti Muniga's family and the genealogical tree of Sri. Talwar Chikkanna @ Chikkonu and Smt. Chikkamaduramma are as follows:
The Genealogical Tree of Sri Thoti Papanna & Sri Thoti Thimmarayappa
Thoti Muniga
Doddamadduramma
Thoti Papanna
Hanumanthappa
H Muniyappa
Manjunath
Kumar
H Venkataswamy
Chiranjeevi
Gullamma
Lakshmamma
Venkatamma
Muniyamma
Thimmakka
Thimmakka
Venkatamma
Chikkamadduramma
Thoti
Thimmarayappa
Deceased
Muniyamma
Dinurappa
Died-
Issueless
Venkatappa
Died-
Issueless
The Genealogical Tree of Thoti Chikkanna @ Chikkonu and Smt. Chikkamaduramma
Talwar
Chikkanna@Chikkonu
Chikkamadduramma
A C Venkataswamy
Ediyaal
Narayanamma
Srinivas
Rathnappa
Munilakshmamma
Gurappa
Munilakshmamma
Lakshminarayana
4. This Court must advert to the pending civil suit before referring to the other proceedings culminating with the impugned order dated 21.04.2021. Sri. A. C. Venkataswamy and Sri. Gurappa [the sons of Smt. Chikkamadduramma and Sri. Talwar Chikkanna @ Chikkonu] have filed the suit in O.S. No. 46/2009(1) for declaration of title to Sri. Thoti Thimmarayappa's half share in the subject properties claiming under Chikkamadduramma. Sri. A. C. Venkataswamy and Sri. Gurappa have died, and their
