High CourtsSingle Bench(2010) 12 KAR CK 0138

Sri Janardhana Babu Rao vs The State of Karnataka and Others

Karnataka High Court · Decided on 7 December 2010

HON’BLE JUDGES
B.S. Patil, J
CASE NUMBER
Writ Petition No. 23618 of 2010

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Judgment

6 paragraphs · 474 words

B.S. Patil, J.—In this writ petition, Petitioner is seeking a direction to the State and its authorities to consider his request to mutate his name in the revenue records by removing the name of Bangalore Electricity Supply Company, in the light of the judgment and decree passed by the I Addl. District & Sessions Judge, Bangalore Rural District, in R.A. No. 21/2009 disposed of on 01.04.2010.

2.

It is the case of the Petitioner that he had filed O.S No. 352/2000 against Respondent Nos. 1 to 4 herein seeking the relief of declaration and permanent injunction. The said suit was dismissed. Aggrieved by the same, R.A. No. 21/2009 was filed by the Petitioner before the First Appellate Court. The said appeal came to be allowed by judgment and decree dated 01.04.2010. The court has declared the Petitioner as the absolute owner in possession of the suit schedule property. Respondents 1 to 4 herein who were Defendants 1 to 4 in the suit have been restrained from interfering with the peaceful possession and enjoyment of the property. As of now, the said judgment and decree passed in R.A. No. 21/2009 is not the subject matter of any appeal and there is no interim order of stay of the same. In these circumstances, Counsel for the Petitioner submits that the revenue authorities were not justified in deleting the name of the Petitioner from the revenue records.

3.

Learned Counsel for Respondent No. 5 submits that Respondent No. 5 - Karnataka Power Transmission Corporation Limited, has been granted 9 acres 20 guntas of land in Sy. No. 111 and 25 acres 20 guntas in Sy. No. 112 of Singanayakanahalli village, and that the land which the Petitioner claims, has nothing to do with the one granted to them.

4.

The relief sought in this writ petition is for a direction to the revenue authorities to continue the name of the Petitioner in respect of the petition schedule land measuring 10 acres comprised in Sy. No. 111. As long as the relief sought by the Petitioner is supported by the judgment of the Civil Court, the authorities are bound to act on the basis of the same R.A. No. 21/2009 filed by the Petitioner is disposed of or 01.04.2010 decreeing the suit filed by the Petitioner and declaring his right over the land in question. The revenue authorities are therefore required to consider the representation submitted by the Petitioner in accordance with law and in the light of the judgment rendered.

5.

A direction is therefore issued to Respondent Nos. 1 to 4 to consider the representation and take a decision as aforementioned within a period of three months from the date of receipt of a copy of this order in the light of the judgment in the Regular Appeal.

6.

The writ petition is accordingly disposed of.