High Court Karnataka High Court

Sri Thimma Boyee @ Pilla Boyee vs The Deputy Commissioner on 25 November, 2010

Karnataka High Court
Sri Thimma Boyee @ Pilla Boyee vs The Deputy Commissioner on 25 November, 2010
Author: B.S.Patil
WP 25719/2009

IN THE HIGH COURT OF KARNATAKA AT BANGALQRE
DATED THIS THE 25'm DAY OF NoVEMEER,..'2e':1_§'..' " 
EEEORE _ V' "    H
THE HONBLE     
w.p.No.25719/2009  - * K 
BETWEEN: V   V  'V

Sri Thimma Boyee @ Pi11a~.Boyee','"'
Since deceased by his L. :Lmd._  E "
adopted son Sri Devaraj, '  ' '
aged 27 years, A '  »  
adopted son of late Thirrfigma B_ Qy€'e"~.,"'..
@ Pilla Boyee,   ' V _   V V A
R/ at HakkirnéinVehéiné;ha11i\?-U.,_  V _ ._ 
K.R.Pe1; Taluk, N.I_a:_1dy:;: 13.:s'u51c:."    PETITIONER

(By Sn :$'.sab'ha§h, A3}. fer
Sri Puttasiddap15a.':A§lvr»] 

A_E2:__

 *   Deputy Coihlnissioner,

' ,M"and3i'a District,
' Ma.1'_1dya;  '

2,.'  AssL.--C_0Ihmissioner,
Pandafvaptxra Sub~Divisior1,
Pandeivapura.

 '  The Tshsildar,

_ xK.R'.PetTa1uk,
 K.R.Pet.

 V' 2i'."TSri Putta Boyee,

Aged 43 years,
S / 0 Thimma Boyee,



WP 25? 19/2009

5. Sri Raja Boyee,
Aged 40 years,
S / o Thirnma Boyce,

Respondents 4 «St 5 are

R/o Hakkirnanchanahalli,

Seelanere Hobli, K.R.Pet Taluk, 5 ” = .

Mandya District. « ,_..’–4RESP(_)I*’IDEN’E’S

[By Sri E.S.Indiresh, I-ICGP for R1-3] i it

This writ petition is filed 227 of t.he
Constitution of India, praying _to_”quash the irnpugned order
dated 26.12.2000 in ‘ ‘dispute _ NQ.53’5_/98-99 passed by

respondent No.3 vide Ar1nexurea_C1and”et’t:_ i

This petitiorrpoming Hearing, this day,
the Court madethet’o11ow1ng:…~” ‘ ” ‘

1. Order ._ passed by the Deputy

Cornmissioner. “MandAyab Vfiistrict, Mandya, dismissing the

._revision petition fiiectby the petitioners herein under Section

ofV”thve:fl’Karnataka Land Revenue Act, 1964, and

confirrning orders passed by the Assistant Commissioner,

‘.Pand.avapt1ra’ Sub- Division, Pandavapura and Tahsildar,

it V’ Taluk, K.R.Pet, is called in question in this writ petition.

The grievance of the petitioner is directed against the

.~ entries in the revenue records recorded in the name of

respondent Nos.4 & 5 in respect of Sy. No.28, Block No.1

fir

WP 25719/2009
3

situated at Hakkimanehanahalli Village, K.R.Pet Taluk. The
case of the petitioner is that 4 acres of land eomprised~–.in the

said survey number has been granted in the vnampefof “his

adoptive father Thimma Boyee @ Pilla Boyee, wh:e_reajsV.thlel

as put forward by the contesting respondent l\los,.4jl&.5 b

that the grant was made in the narnefof. their _..nat.ural–jf’atfherp

Thimma Boyee @ Pilla Boyee. V

3. The Tahsildar, the.__ Assitstant: Co.mmissioner and the

Deputy Commissioner halvehei-dwlthat: Boyee @ Pilla

respondent l\Alosl§%§ ‘aeflprima facie shown before them by
produeingdo’Cuments~l. and—..th’erefore, the entries made in favour

of respondent “N.os;4 .v& the revenue records after the death

if of Boyee @ lPl’l’lafBoyee could not be interfered with.

tfovunsel appearing for the petitioner submits

V .that Boyee @ Pilla Boyee was not the father of

r%e.»:pao_nder1t Nos.4 8:5, but was the adoptive father of petitioner

In support of the said contention, petitioner has relied

upon several documents in this writ petition. The contention of

” the learned Counsel is that the orders passed by the revenue

authorities are vitlated, as, if only these documents had been

A”

WP 25719/2009
4

taken note of, they would not have come to the conclusion that
Thimma Boyee @ Pilla Boyee was the father of respondent Nos.4

8:5.

5. Counsel appearing for the respondents st.ronglyi.su.pports

the concurrent findings recorded by the revenue .

6. Having heard the learned Cou_nsel__for and

careful perusal of the materials on re’c:or(.l_;

passed by the Deputy Comm;>s_siQner,lAlv- firld

Commissioner has observed that__theV_quest.io.n’whether Thimina

Boyee @,l3illvat. iv.-‘as”‘the. ‘ado”p’tiive father of the petitioner or
was the7–na”tura1’ivrespondent Nos/L & 5 can only be

finally and lVco.nclusi\rely’._adjudicated before the Civil Court and

the revenlue cou”rts_’_cannot pronounce on the same. This

reas*on1i2g ‘recorded by the Deputy Commissioner is just and

properirinf i:h_’e– and circumstances of the case. The vexed

.questi;on Vrielgariding the relationship of Thimrna Boyee @ Pilla

M if !3lf:oye:=:_’— grantee of the land with the petitioner or for that matter

‘_’_&i~vvith’respondent Nos/L 8t 5 can only be conclusively adjudicated

“before the Civil Court.

WP 25719/2009

7. it is not in dispute that the civil suit in O.S.No.Sf5;’2007

is pending before the Civil Judge [Jr.Dn.}, K.R;;Pei’,¢;;.i§§f1’i%::.rein

respondent Nos.4 8: 5 herein have sought for_a_’d’e–ciaratiori

they are the absolute owners of the:’Jproperty”«in’1 ”

from seeking permanent injunction}.. ‘Peti.tion’erA herein “has

appeared and fiied his written statement iVi’1._the.”said_ suit. It is

open for the parties toagitate.”htheiiidjgrievance hefore the Civil

Court in the pending suit.’ V ‘V ‘

SubjeCt’_Vt-r.:3V iiabovei;.o¥ose,r’i2:ti’ons’;”;this Writ petition is
disposed of’ with the orders under
challenge. V:ii.berty’.ivs reserved to the parties to agitate
their griexdranoctpbeiore Court. ,
3UI)GE