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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF JANUARY, 2021

BEFORE

THE HON’BLE MR.JUSTICE P.B. BAJANTHRI

WRIT PETITION NO.5413 OF 2015 (KLR-RES)

BETWEEN:

SRI K PADMAYYA GOWDA

S/O SRI. SANKU GOWDA,

AGED ABOUT 55 YEARS,

R/AT KATTEMAJALU HOUSE,

KAUKRADY VILLAGE,

POST NELYADI,

PUTTUR TALUK D.K – 571 243.

… PETITIONER

(BY SRI. SACHIN B.S., ADVOCATE)

AND:

1.

SRI GANGAYYA GOWDA

S/O SRI. SANKU GOWDA,

AGED ABOUT 57 YEARS,

R/AT KATTEMAJALU HOUSE,

KAUKRADY VILLAGE,

POST NELYADI,

PUTTUR TALUK,

D.K. – 571 243.

2.

THE DEPUTY COMMISSIONER

DAKSHINA KANNADA DISTRICT,

MANGALORE– 571 293.

3.

THE ASSISTANT COMMISSIONER

PUTTUR

D.K. – 571 243.

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4.

THE TAHSILDAR

PUTTUR TALUK,

D.K. – 571 243.

... RESPONDENTS

(BY SRI. SANDESH KUMAR M., HCGP FOR R2 TO R4;

SRI. PAVAN CHANDRA SHETTY, ADVOCATE FOR R1)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

IMPUGNED ORDER DATED 17.10.2014 VIDE ANNEXURE-A

PASSED BY RESPONDENT NO.2 DEPUTY COMMISSIONER AND

ETC.,

THIS PETITION COMING ON FOR PRELIMINARY HEARING

IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER

In the instant petition, petitioner has prayed for the

following reliefs:-

“(i)

Issue a writ in the nature of certiorari quashing

the

impugned

order

dated

17.10.2014

in

No.C.DS.R.A.P.11/11-12 vide Annexure-A passed by

the 2^nd respondent-Deputy Commissioner.

(ii)

Consequently,

quash

the

order

dated

25.05.2005 in No.C.DS.REV.S.R.53/2004-05 vide

Annexure-B

by

the

3^rd

respondent-Assistant

Commissioner.

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(iii) Consequently allow the appeal filed by the

petitioner as prayed for, in the interest of justice

and equity.

(iv) Issue any other writ, order or direction and

such other order or direction as this Hon’ble

Court may deems fit to grant in the facts and

circumstances of the case.”

2.

Petitioner is stated to have filed an application

for grant of land comprising in RS No.123-181 to the extent

of 2.35 acres at Kaukrady Village under Akrama-Sakrama

Scheme.

Petitioner’s

application

was

numbered

as

ADis.N.C.R./SR

40/98-99

before

respondent

No.4-

Tahasildar, Puttur Taluk. Mahazar was prepared on

19.12.2003 by the Village Accountant of Kaukrady Village.

In terms of mahazar, petitioner was stated to be in

possession of the aforesaid property for more than 20

years. In view of these facts and circumstances, Saguvali

Chit was issued in favour of the petitioner on 23.02.2004.

RTC was also issued in favour of petitioner.

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3.

Respondent No.1 feeling aggrieved by the

issuance of Saguvali Chit and RTC entries, preferred an

appeal relating to grant made in favour of the petitioner

before respondent No.3-Assistant Commissioner, Puttur,

Dakshina Kannada. On 25.05.2005, respondent No.3-

Assistant Commissioner remanded the matter for fresh

enquiry before the Akrama-Sakrama Committee. Feeling

aggrieved by the order dated 25.05.2005 passed by

respondent

No.3-Assistant

Commissioner,

petitioner

preferred an appeal under Section 50 of the Karnataka Land

Revenue Act before respondent No.2-Deputy Commissioner,

Dakshina Kannada.

4.

When things stood thus, respondent No.1 filed

O.S.No.183/2010 on the file of the Principal Civil Judge, and

J.M.F.C., Puttur, Dakshina Kannada. The said suit was

settled before the Lok-Adalath on 08.08.2014. Thereafter,

on 17.10.2014, respondent No.2-Deputy Commissioner,

Dakshina Kannada passed the order allowing the appeal

filed by the petitioner while setting aside the order dated

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25.05.2005

passed

by

respondent

No.3-Assistant

Commissioner, so also grant order dated 23.02.2004 passed

by respondent No.4-Tahasildar, Puttur Taluk and remanded

the matter before Akrama-Sakrama Committee. Order of

respondent No.2 was pursuant to the compromise entered

between the petitioner and respondent No.1 under Order 23

Rule 1 of CPC dated 04.07.2014.

5.

The pet