Findings on title from a civil court during possessory rights assessments are binding on revenue authorities, invalidating conflicting administrative orders.

ORAL ORDER

The captioned petition is filed assailing the order of the respondent No.2-Assistant Commissioner, vide Annexure-R and confirmed by respondent No.1-Deputy Commissioner, vide Annexure-S.

2. Heard learned Senior counsel for the petitioners and learned HCGP for the respondents. Perused the records.

3. The short point that needs consideration is as to whether respondent No.2-Assistant Commissioner, while entertaining a complaint lodged by private respondents, could have altered the well-settled entries in the RTC pertaining to the petition land bearing Sy.No.12 measuring 8 acres 20 guntas and Sy.No.33 (renumbered as new Sy.No.47) measuring 8 acres 4 guntas, situated at Amalapura village, Kasaba hobli, Tumkur, Arakere, Tumkuru taluk.

4. Respondent No.2-Assistant Commissioner, while entertaining the complaint, has come to the conclusion that these petition lands are owned by the government and therefore ordered to delete the names of the petitioners from the ownership column. This order is confirmed by respondent No.1-Deputy Commissioner. The issue on hand will not detain this court for long in the light of the findings recorded by the competent civil court in a suit for injunction simplicitor filed in O.S.No.480/2013.

5. As rightly pointed out by the learned Senior counsel, paragraphs No. 43 and 44 of the said judgment would clinch the entire controversy between the parties. This Court deems it fit to cull out paragraphs No.43 and 44 of O.S.No.480/2023, which reads as under:

"43. Even though entire village of Amalapura is purchased by plaintiffs but in Sy.No.12, 33 and 31 in column No.9 the word Sarkari kere and kharab is mentioned. In order to rectify the same the H.M.Divyanandamurthy approached learned Tahsildar. The learned Tahsildar in LND.CR.50/1991-1992 by considering the title deeds of plaintiffs and the auction which is taken place on 01.11.1951 has ordered to remove the word Sarkari kere and directed to insert the word Katte. Accordingly, as per M.R.3/1991-1992 the word Sarkari kere is removed and katte is inserted and accordingly the RTCs were generated. From the order of Tahsildar, Assistant Commissioner and Deputy URT OF Commissioner it is very clear that they have admitted the possession of the plaintiffs over the suit schedule property and in every order the defendants have mentioned how the plaintiffs have acquried the suit schedule property.

44. The conservator of forests has also filed petition and appeal before the Learned Assistant Commissioner and Deputy Commissioner for plantation in Sy.No.12, 31 and 33. But learned Assistant Commissioner and Deputy Commissioner has ordered that property in Sy.No.12.31 and 33 of Amalapura village is cultivated by H.M.Divyanandamurthy and the said land are not included in class C and D. In the said orders also the defendants have discussed how the plaintiffs have acquired the suit schedule property and orders itself shows the admission of possession of the plaintiffs over the suit schedule property including Sy.No. 12, 31 and 33. When the plaintiffs have filed this suit the defendants have created Ex.D5 and ExD3 on the same day without any documents and without any reasoning in the order that how the property in Sy.No. 12. 31 and 32 belongs to the government. One of the important point to be noted is that in RTC for Sy.No. 12, 31 and 33 there is no land in A kharab and B kharab. No single document produced by the government to show that suit schedule property belongs to government. The documents of the plaintiffs shows the flow of title of the plaintiffs over the suit schedule property and it reveals long possession of the plaintiffs. The entries in RTC's entered by the defendants is baseless without any documents. In catena of decisions of Hon'ble Apex Court and Hon'ble High Court of Karnataka held that baseless entry cannot be entertained. The order which is passed by defendants is Ex.D5 and D3 are the baseless orders without any documents. That orders passed during the pe