W E?' NO.4614g2008
I
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 08'?" DAY OF OCTOBER 2009
BEFORE _
THE HONBLE MRJUSTICE LNARAYANA
WRIT PETITION NO.4614/2008.{KLR~R]3;';DDޤ.[I I.
W
SR1 K ESHWARAPPA
S/O LATE SR1 KA MALLAIAH
AGED 47 YEARS
(REP BY TREASURER OF _
SR1 MALLESHWARA SWAMI T'RUST)"~,
R/AT ANNAJAPANAPALYA, '*~.
KUDUR, MAOADI TALUK . , -- _ -
RAMANAGARA DIST ' 5 . V' ~ PETITIONER
(Sri CUCKOO DELHI, ADV.) _ 'D
AND
1 ASS1S'1*AN-T 'cOI\zII{/i1SSI'OI\IER
RAMANAGAR SUB DIVI'S.ION
RAMNAGAR " ' '
2 , THE) TAR' " ASILDAR
,. MAGADI TQ,"--vMAGADI
RAMAI\IAOARA DIST
'' 'I A THE TAHASILDAR
. _ ENADKACHEARI KUDUR
MAOAU: TO, MAGADI RAMA NAOARA DIST
ca 4»
4 NANJURDAIAH
S/O3~I,A'T[']E3 SR1 CHIKKAMALLAIAH
A. , AGED ABOUT 55 YEARS
R/AT KUDUR KUDUR HOBLI
WTUMKUR ROAD MAGADI TQ
RAMANAGARA DIST RESPONDENFS
" "IS:-I RKIEMAR, HCGP, FOR R1 R43, SR1.N.SUI3BA SHASTRY, ADV.
' FOR R41} *
fljj NO.4~6l4~[2008
2
THIS WRET PETITION IS FILED UNDER ARTECLES 226 AND
227 OF THE CONS'1'lTU'I'1ON OF' INDIA PRAYING TO QUASH
ANNEXA. DT. 18.9.2006 PASSED BY R1 AND FUR'I'HER_--DIRECT
R2 AND R3 To CONSIDER THE NAME OF PETITIONER TEMPLE SR1
MALLESHWARA SWAMY DEVASTHANA KUNDUR MAGADI'-DQ., 'AND
THIS WRET PETITION COMING ON FOR DAY,"
THE COURT. MADE THE FOLLOWING: _. ._
ORDER}
The petitioner has challenged the.impugn'edjVordVer _1;i)asse_dVW
by the Assistant Comrr1issioner"v«ras nper' }"tnnei><ure--A in RA
No.281/20052006 dated_._"i«-8'.9700.006". 0 0
2. It is submitted that the land in
question Temple and the
of the said Temple. The
order dated 18.9.2006 directed
the Tahsildar to eo'ntinue the name of Respondent No.4 in
l 0 “‘€oV1u’mnE”-No.’i2,(2) invresdpect of Survey No. 180/1. It is submitted
that the land in question was the subject
matter beforeJ..*the Land Tribunal wherein Respondent No.4 was
3″-*«___V”»dec1ared___as the tenant. The said order was challenged before
Court in W.P.No.15141/1995, which came to be disposed
“of? Tfimanding the matter to the Land Tribunal for fresh
consideration. Hence, the m ter as on today is pending. On
W P NO.4614.~g2008
3
the basis of the order of Assistant Commissioner at Annexure-
A, the name of Respondent No.4 has been entered in;Co1umn
No.12(2) in the RTC as per Annexure-D for the
It is submitted that the land in dispute belongs’-to
and since the petitioner is the Trust-ee”of« thefnalme N f
of Respondent No.4 should not havle«Vbeeii’lreilIlecsteci.V in
No.12[2). Hence, he sought forlof thep
3. Learned counsel’ for Nofl.l4″submitted that
on the basis of the prextiotis’ and also on the
basis of the order it was set aside
by this Court” Vfiesponpdent No.4 Was entered.
Hence,{an”la’ppeal to theVAssistant Commissioner to
continiiethe No.4 as it was discontinued
an the decisi”onp_Voi’. the page Tribunal.
‘Higi”1 Court Government Pleader supported
pt1’1fthiI’ncpi1gpI.1e:4C} order.
A 5. heard the arguments of both the parties.
N is It is submitted by the learned counsel for the
respective parties that the subject matter of the land in
“question is pending before the Land Tribunal, Magadi for
it
_ W P NO.-46l»<lg2008
4
consideration in View of the direction issued by this Court in
the writ petition referred to above. Till the decision is etaken by
5 the Land Tribunal, it is legally presumed that
to the Government. But the name of Respondentirahlolé
reflected and by virtue of Anne>::1ir”e’+i~’\_l. is.’sot1ghtCtox”beif
continued in Column No.l2[2}. [entire
pending before the Land ‘1t.'”is._ appro:priat’e”‘i’or this
-Court to direct the revenue offiicials. tlogshourfthe name of the
Government in respect’ rec’ords in place of
Respondent No.’/L’ No.4 who claims
himself as before the Land
Tribunaliso _ei1titled,:’_tt§l possession of the
land in’1.questiori;= ‘l’ribunal passes further orders.
The learned coulnseliiorjTffiespondent No.4 submitted that he
V shallgnotuclaimV”o-raobject any person including the petitioner to
~{.*h_:’i~-Eq’mpPiel. S’-yr-‘:€’e.”;”_a’§ 2/91 in
enter the lvriu question.
.’ A counsel for Respondent No.4 submitted
thatthe }_Temple belongs to Muzarai Department and the
will represent the case of the Temple. The petitioner
*4.
I permitted to make necessary application to implead
4 himself as a party and also file a petition under Section 136(3)
0
‘a (mum xr.*as’« f
Cmrr amiss at-aka! Ilsii-1-533″!
W P NO.46l4[2008
5
of the Land Revenue Act in accordance with law, if he is so
advised.
~ The Writ Petition is accordingly disposed of. ‘IV ”
