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2024 Supreme(Online)(Kar) 43277
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2024 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.17475 OF 2021 (KLR-RES)
BETWEEN:
MOHAMMED HUSSAIN S/O LATE BABU SAB, AGED ABOUT 81 YEARS, OCC: AGRICULTURIST, R/O KORATAGERE TOWN, OPP. PATTANAPANCHAYATH OFFICE, KORATAGERE, TUMAKURU DISTRICT - 572129.
…PETITIONER (BY SRI. M.B. CHANDRACHOODA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY TO THE GOVERNMENT, Digitally signed by REVENUE DEPARTMENT, SHARMA ANAND CHAYA M.S. BUILDING, Location: High Court DR. AMBEDKAR VEEDHI, of Karnataka BENGALURU - 560001.
2. DEPUTY COMMISSIONER TUMAKURU DISTRICT, TUMAKURU - 572101.
3. THE ASSISTANT COMMISSIONER MADHUGIRI SUB DIVISION, MADHUGIRI, TUMAKURU DISTRICT - 572132.
4. THE THASILDAR KORATAGERE TALUK, KORATAGERE, TUMAKURU DISTRICT-572 129.
5. K.M. MUJEED PASHA S/O KHALANDER SAB, AGED ABOUT 71 YEARS, R/O DODDAPETE BEEDI, KORATAGERE, TUMAKURU DISTRICT - 572129.
6. SAMIULLA SHAREEF S/O LATE SALEHA SHAREEF, AGED ABOUT 53 YEARS. 7. JABEEULLA SHAREEF S/O LATE SALEHA SHAREEF, AGED ABOUT 50 YEARS
8. IDAYATHULLA SHAREEF S/O LATE SALEHA SHAREEF, AGED ABOUT 48 YEARS
9. INAYATHULLA SHAREEF S/O LATE SALEHA SHAREEF, AGED ABOUT 36 YEARS RESPONDENTS NO. 6 TO 9 ARE R/O BEHIND MARAMMA TEMPLE, KUMBARA BEEDI, KORATAGERE TOWN, TUMAKURU DISTRICT - 572129.
…RESPONDENTS (BY SRI. HARISHA A.S., AGA FOR R1 TO R4;
SRI. K.N.NITISH, ADVOCATE FOR R6, R8 & R9;
R7 SERVED;
R5 SERVICE OF NOTICE HELD SUFFICIENT V/O DATED
22.09.2022)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 24.04.2017 PASSED IN CASE NO.RRT(A) 650/2013-14, ON THE FILE OF THE ASSISTANT COMMISSIONER, MADHUGIRI SUB-DIVISION, MADHURIGI, VIDE ANNX-H, AND THE ORDER DATED 02.07.2021 PASSED IN RP.NO.18/2018 ON THE FILE OF THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT, TUMAKURU VIDE ANNX-P.
THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, the petitioner is assailing order dated 24.04.2017, in RRT(A) No.650 of 2013-14 (Annexure-H) on the file of the respondent No.3, and order dated 02.07.2021 passed in RP.No.18 of 2018 (Annexure-P) on the file of the respondent No.2.
2. It is the case of the petitioner that, the petitioner is the owner of the land bearing Sy No. 67/2 measuring 02 acres, 15 guntas of wet land and 0.20 guntas of dry land situate at Mudlapanne village, Kasaba Hobli, Koratagere Taluk, Tumakuru District as per registered Sale Deed dated 02.02.1968 said to have been stands in the name of one Abdul Kareem Sab, Son of Peersab (uncle of the petitioner). It is also stated in the writ petition that, the uncle of the petitioner-Abdul Kareem Sab had executed registered Gift Deed in favour of the petitioner on 18.12.1972 in respect of the land bearing Sy No.67/2 measuring 02 acres, 15 guntas of wet land and 0.20 guntas of dry land as per registered Gift Deed dated 18.12.1972. The grievance of the petitioner is respondent No.5-K.M.Mujeeb Pasha had purchased the land bearing Sy No.74/2, measuring 01 acre, situate at Mudlapanne village, Kasaba Hobli, Koratagere Taluk, Tumakuru District from erstwhile owner i.e Sri G. N. Krishnamurthy Rao and others as per registered Sale Deed dated 17.12.1975 (Annexure-C). It is also averred in the writ petition that the Rectification Deed was made in respect of the said land and same is produced at Annexure-D. Based on the Rectification deed, the respondent No.5 has approached the revenue authorities for change of khata, which came to be rejected and accordingly, MR No.14/1980-81 (Annexure- E) was passed by the competent authority. It is the grievance of the petitioner that, the petitioner had executed registered Sale Deed dated 14.01.1982 in respect of the land bearing Sy No.67/2 measuring 0.20 guntas of land in favour of Saleha Sahreef, however, while executing Sale Deed, entire extent of 02 acres 35 guntas was mentioned in Sy.No.67/2, and therefore, it is the grievance of the petitioner that, the contesting respondent has no title in respect of the subject land. Feeling aggrieved by the rejection of MR No.14/1980-81 and certification in MR No.72/2010-11, respondent No.5 has, filed in RRT (A) No.62/2013-14 before the respondent No.3 herein. The respondent No.3, by order dated 24.04.2017, allowed the appeal and set aside the MR No.14/1980-81 and MR No.72/2010-11 and restored the khata in the name of respondent No.5 to an extent of 01 acre. The respondent Nos.6 to 9 being aggrieved by the change of khata (Annexure-H) filed RP No.18 of 2018 before the respondent No.2 and the respondent No.2 herein has passed an order dated 02.07.2021 (Annexure-P). It is the grievance of the petitioner herein that, petitioner has filed an application dated 19.08.2019, under Order 1 Rule 10(2) of CPC and sought for impleading himself as respondent No.4 in the said revision proceedings, however, the respondent No.2 herein without considering the application has passed order dated 02.07.2021 on the merits of the case. Therefore, Feeling aggrieved by the orders passed by respondents Nos. 2 and 3, the petitioner herein has presented this writ petition.
3. I have heard Sri. M.B.Chandrachooda, learned counsel appearing for the petitioner and Sri. Harisha A.S., learned Additional Government Advocate respondent-State and Sri. K.N. Nitish, learned counsel appearing for the respondent Nos.6, 8 and 9.
4. Sri. M.B. Chandrachooda, learned counsel appearing for the petitioner contented that though the petitioner herein is in possession of the land in question in terms of the Gift Deed made by the uncle of the petitioner dated 18.12.1972, the competent authority has passed an impugned order on merits of the case without considering the claim of the petitioner and therefore, he sought for interference of this Court.
5. Per contra, Sri K.N. Nitish, learned counsel for the respondent Nos.6, 8 and 9, invited the attention of the court to t
