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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10th DAY OF MARCH, 2021

BEFORE

THE HON’BLE MR.JUSTICE P.B. BAJANTHRI

WRIT PETITION NO.1707/2013 (KLR-RR/SUR)

BETWEEN:

SRI. GOVINDARAJU,

S/O. VENKATARAMANAPPA,

AGED ABOUT 51 YEARS,

C/O. KRISHNAPPA,

KENCHANAPURA,

KENGERI HOBLI,

BENGALORE - 91

… PETITIONER

(BY SRI. B.V. SHANKARANARAYANA RAO, ADVOCATE)

AND:

1.

SMT. NARASAMMA,

W/O. HANUMANTHAPPA,

MAJOR, VADERAHALLI

VILLAGE, DASANAPURA

HOBLI, BANGALORE

NORTH TALUK,

REPRESENTED BY HER

G.P.A HOLDER SRI. KENGERI MUNIRAJU

2.

THE ASSISTANT COMMISSIONER,

BANGALORE NORTH SUB-DIVISION,

BANGALORE - 560 009

3.

THE DEPUTY COMMISSIONER

BANGALORE DISTRICT,

K.G. ROAD,

BANGALORE - 560 009

... RESPONDENTS

(BY SRI. KIRAN KUMAR T.L., AGA FOR R-2 & R-3.

SRI. RAMACHANDRA, ADVOCATE FOR R-1)

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THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN

PENDING REVISION PETITION NO. 18/2007-08 ON THE FILE OF THE

DEPUTY COMMISSIONER, BANGALORE DISTRICT, BANGALORE (R-3

HEREIN) AND ETC.,

THIS PETITION HAVING BEEN HEARD AND RESERVED ON

19/02/2021 AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT

THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

In the instant petition, petitioner has questioned the

validity of the order dated 10.10.2012 passed by the Deputy

Commissioner, Bengaluru District in Revn. Petition No.18/2007-

08 vide Annexure - A.

2. Petitioner is stated to be the owner in occupation of 2

acres 17 guntas of land situated in Sy.No.92/3 of Kannalli

Village, Yeshwanthapur Hobli, Bengaluru North Taluk pursuant to

the sale deed dated 13.11.1995 registered as Document

No.7193/1995-96 in Book-1, Volume-5560 at pages 81-85 in the

office of the Sub-Registrar, Bengaluru North Taluk. Petitioner

obtained mutation entry in his name vide MR.No.3/1999-2000.

Thereafter, computerization of revenue records stood in the

name of the petitioner vide MR.No.16/2005-06. In the

meanwhile, 1st respondent filed O.S. No.779/1995 on the file of

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the Principal II Civil Judge (Jr.Dn.), Bengaluru Rural seeking

declaration and injunction without impleading the petitioner as a

necessary party. The suit was decreed on 29.09.1999. In this

backdrop, respondent No.1 proceeded to get the entries in the

revenue records to be changed in her name and it was accepted

by the revenue officials vide order dated 21.04.2003. Petitioner

preferred

R.A.

No.162/2004-05

before

the

Assistant

Commissioner, Bengaluru North Sub-Division and it was allowed

on 03.01.2007 while setting-aside the revenue entries in favour

of respondent No.1 viz. setting-aside the order of the Tahsildar

dated 21.04.2003. Further, petitioner filed O.S. No.1863/2006

before the Principal Civil Judge (Jr.Dn.), Bengaluru Rural seeking

cancellation of the fraudulent judgment and decree dated

29/09/1999 as amended on 11/01/2002 in O.S.779/1995.

3. Smt.Narasamma executed Irrevocable General Power of

Attorney (Hereinafter referred to as 'IGPA" for short) in favour of

Sri.Muniraju on 16.04.2007 in respect of the subject land to

negotiate terms and to agree to sell the schedule property in his

absolute discretion, thinks proper, agree upon and to enter into

any agreement or agreements for such sale or sales and/or to

cancel and or repudiate the same including engaging any

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advocate/counsel, to execute the vakalathnama and memo of

appearance, to give necessary instructions in respect of

litigations pertaining to the schedule property and etc.

4. Pursuant to the execution of IGPA dated 16.04.2007,

the IGPA holder Sri Muniraju preferred Revision Petition

No.18/2007-08

before

the

Deputy

Commissioner

-

3rd

respondent on the orders of the Assistant Commissioner dated

03.01.2007.

5. In the Revision Petition, petitioner filed