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IN THE HIGH COURT OF KALABURAGI BENCH

DATED THIS THE 1 ST DAY OF FEBRUARY, 2017

BEFORE

THE HON’BLE MRS. JUSTICE RATHNAKALA

WRIT PETITION NOS.82938/2009 & 82939-945/2009 (GM-KLA)

BETWEEN:

1. DILIP KUMAR S/O LATE SANGRAMAPPA PATIL AGED ABOUT 26 YEARS, OCC: AGRICULTURE, R/O VILLAGE KODAMBAL TQ. 585330 DIST.

2. SHARNABASAPPA S/O NAGSHETTY PATIL AGED ABOUT 35 YEARS, OCC: AGRICULTURE, R/O VILLAGE KODAMBAL TQ. HUMNABAD 585 330 DIST.BIDAR

3. SMT. SUMITRA BAI W/O LATE NAGSHETTY PATIL AGED ABOUT 55 YEARS, OCC: AGRICULTURE & HOUSEHOLD, R/O VILLAGE KODAMBAL, TQ. HUMNABAD 585 330 DIST.BIDAR

4. SMT. SUNITA BAI W/O SHARNABASAPPA PATIL AGED ABOUT 26 YEARS, OCC: AGRICULTURE AND HOUSEHOLD R/O VILLAGE KODAMBAL 2

TQ. HUMNABAD 585 330 DIST. BIDAR

5. SMT. NAGAMMA W/O BABSHETTY GUDAYAL AGED ABOUT 55 YEARS, OCC: AGRICULTURE AND HOUSEHOLD R/O VILLAGE KODAMBAL TQ. HUMNABAD 585 330 DIST. BIDAR

6. SMT. PARVATI W/O JAGNATH GOLLAR AGED ABOUT 50 YEARS, OCC: AGRICULTURE AND HOUSEHOLD R/O VILLAGE KODAMBAL TQ. HUMNABAD 585 330 DIST. BIDAR

7. DILIP KUMAR S/O MANIK DEEPAK AGED ABOUT 30 YEARS, OCC: AGRICULTURE

8. MOHD. IMAM JAFAR S/O MOHD. NABI AGED ABOUT 35 YEARS, OCC: AGRICULTURE R/O CHITGUPPA TOWN TQ. HUMNABAD 585 330 DIST. BIDAR … PETITIONERS

(BY SRI B.D. HANGARKI, ADV.)

AND:

1. THE KARNATAKA LOKAYUKTHA M.S.BUILDING VIDHANA VEEDHI REPRESENTED BY ITS REGISTRAR BANGALORE AT BANGALORE- 560 001

2. THE DY. SUPERINTENDENT 3

OF POLICE KARNATAKA LOKAYUKTA BIDAR 585 401

3. THE STATE OF KARNATAKA THROUGH DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE AT BIDAR 585401

4. THE ASST. COMMISSIONER, SUB DIVISION BASAVAKALYAN 585 332 DIST. BIDAR

5. THE TAHSILDAR OF TALUKA HUMNABAD AT HUMNABAD 585 330 DIST. BIDAR

6. THE SPECIAL TAHSILDAR OF CHITGUPPA AT CHITGUPPA 585 329 TQ. HUMNABAD DIST. BIDAR

7. LATE SHAMSUNDAR S/O LATE TAMANNA CHRISTIAN (NOW BEHALF BEING CALLED AS APOSTAL HEGDE SHAMSUNDAR S/O TIPPANNA) AGED ABOUT 65 YEARS, OCC: AGRICULTURE R/O VILLKODAMBAL TQ. HUMNABAD DIST. BIDAR

AMENDED AS PER ORDER OF THE HON’BLE COURT DECEASED BY THE LRS

1. SHASHIKALA W/O LATE SHAMSUNDAR HEGADE AGE: MAJOR, OCC: H.H. WORK

2. AJAY S/O LATE SHAMSUNDAR

3. ABDANIGO S/O L. SHAMSUNDAR … RESPONDENTS 4

(BY SRI S.S. KUMMAN ADV. FOR R1 & R2; SRI A. SYED HABEEB, AGA FOR R3 TO R6; SRI NARESH V. KULKARNI, ADV. FOR R7(1 TO 3) SRI A. VIJAYKUMAR ADV. FOR PROPOSED R8-ABSENT)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF , PRAYING THE QUASH THE ORDER DATED:18.02.2009 PASSED BY THE REPONDENT NO.2 IN FILE NO.POLICE/UPA LOKAYUKTA/BIDAR/APPLICATION/2009/ 327 WHICH IS PRODUCED AT ANNEXURE-M.

THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

Petitioners are aggrieved by the mutation entries at

Annexure-T whereby the land under their ownership is changed over to the name of Government of Karnataka.

2. The fact is, petitioners are the original owners of land in Sy.Nos.312, 313, 314, 315, 316, 329, 330, 332 and

333 of Kodambal village in Humanabad Taluka of Bidar

District. The father of 7 th respondent (now represented by his legal heirs) viz., Tammanna filed Form No.7 and claimed occupancy rights in respect of the above lands.

The said application was rejected by the concerned

Tribunal on 30.03.1976. Said Tammanna aggrieved by the 5

said order preferred a Writ Petition before this Court in

W.P.No.29862/1981 and the said writ petition came to be allowed thereby remanding the case to the Tribunal. The petitioners / landlords challenged the order of writ petition in Writ Appeal No.1416/1984. In the meantime, the 7th respondent though his father was alive filed an application before Deputy Commissioner (third respondent) for modification of the entries in the Tenancy Register, thus, sought for entering his name instead of name of his father.

However, his prayer was rejected. The fifth respondent/

Tahasildar made modification/alteration in the Tenancy

Register. In the meanwhile, writ petitioners herein filed a suit for declaration and injunction against the Deputy

Commissioner, Tahasildar and Tammanna in

O.S.No.121/1984 on the file of Munsiff Court at

Humnabad. The suit was not contested by Tammanna. In fact, the Tribunal had recorded the statement of

Tammanna whereby he has stated that he is not the tenant of the lands in question. The Tahsildar contested the suit. 6

In the meanwhile, Tammanna expired. The writ appeal was allowed and the matter was remanded. By that time, the

District Land Reforms Appellate Authority was constituted and the matter was remanded to the said authority for adjudication. The said authority dismissed the appeal on

20.7.1987 as the appeal against Tammanna on his death was abated. Thus, the claim of tenancy of Tammanna reached finality. The suit in O.S.No.121/1984 came to be decreed on 21.04.1990 by imposing cost of Rs.500/- on the

Tahsildar. The said judgment was challenged by the

Deputy Commissioner and Tahsildar in R.A.No.9/1993.

The said appeal was allowed under the impression that the tenancy matter was still pending, thus, suit of the plaintiff was also dismissed vide judgment of the Appellate Court.

The said judgment is challenged before this Court in

R.S.A.No.116/2008, which is still pending. On 26.03.2008, the seventh respondent filed an application before the

Deputy Commissioner to enter in the Record of Rights the name of ‘Government of Karnataka’ in ‘owner’s column’ and 7

his name in ‘cultivator’s column’, by referring to the judgment of R.A.No.9/1993. He filed a complaint before the Lokayukta, Bidar, for not acting upon his application by changing the entries. The complaint was transmitted from the office of Upa Lokayukta to the Assistant

Commissioner/fourth respondent and Tahasildar/fifth respondent. The Tahsildar appears to have misread the communication letter and directed to enter the name as sought in the complaint of respondent No.7. Accordingly, on 10.08.2009, the petitioners’ names were deleted from the revenue records and the names of ‘Government of

Karnataka’ in Khatedar’s column, ‘Shamsunder’ and

‘Vijaykumar’/respondent Nos.7 and 8 at cultivator’s column were entered, which is under challenge in these

Writ Petitions.

3. As could be seen from the Annexures-M, R, S and

V, there was no proceedings under Section 136 of the

Karnataka Land Revenue Act to change the entries and 8

there was no order by any Court having jurisdiction to hold that the petitioners are not the owners of the land in question. To the knowledge of respondents, the tenancy proceedings came to be concluded before the Land Reforms

Appellate Authority as abated against Tammanna, the father of respondent Nos.7 and 8 and said proceedings have become final.

4. In that view of the matter, the change of entries in

Annexure-T is without any authority and liable to be quashed. Consequently, the earlier entries as existed prior to 22.07.2009 shall be restored subject to the final result of

R.S.A.No.116/2008.

With this observation, these Writ Petitions stand disposed of.

Sd/- JUDGE

Kjj/KNM/- CT-SI