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Judgment
S. Abdul Nazeer
The petitioners contend that their father late T. Sundaramurthy, was the owner of properties bearing Nos.441 and 442 situated at Sulthanpet, Nanda Hobli, Chikkaballapur Taluk, Chikkaballapura District. It is further contended that after the death of T. Sundaramurthy, the petitioners and their mother Smt. Manjulavalli were in possession and enjoyment of the property as the absolute owners thereof. The katha of the said property stood in their name and they have been paying tax to the competent authorities. The application made by the 4th respondent seeking transfer of katha was dismissed by the 3rd respondent - Gram Panchayath. Feeling aggrieved by the said order, the 4th respondent filed an appeal before the 2nd respondent u/s 269 of the Panchayath Raj Act, 1993. The appeal was allowed as per the order at Annexure-F dated 22.10.2008. The petitioners have called in question the validity of the said order in this writ petition.
I have heard the Learned Counsel for the parties.
It is clear from the materials on record that there is a title dispute in respect of the property in question. According to the petitioners, they have succeeded to the property from their predecessor in title. Similar is the case of the 4th respondent The authorities exercising power under the provisions of the Panchayat Raj Act are not competent to decide the title dispute. The person/persons, who want to establish his/their title have to approach the Civil Court for appropriate reliefs. Therefore, I decline to entertain this writ petition. It is accordingly dismissed. However, liberty is reserved to the contesting parties to move the Civil Court for appropriate reliefs in accordance with law. No costs.