(1.) In view of the reference order passed by the learned single judge dated 02.04.2019, made in Writ Petition No.6872/2013 and 12485/2013 the Hon'ble Acting Chief Justice by the order dated 8.4.2019 referred the following questions for reference to a larger bench, as under:
(2.) This is a classic case of deprivation of rights in respect of immovable property for more than five decades, neither deciding the rights nor have reached finality which affects the larger sections of the society in the State of Karnataka which affects their fundamental rights as guaranteed under Articles 14 and 21 of Constitution of India. Now time warrants to set right the same in the interest of the general public at large.
(3.) The petitioners before the learned Single Judge sought for a writ of certiorari to quash the order dated 18.4.2012 and 2.5.2012 passed by the 3rd respondent/Special Tahsildar in RRTCR 35/2012-13 resulting in MR No.H 157/2011-12 as per Annexures-H and J; to direct the Tahsildar to annul all the entries made on the basis of Annexure-J; a writ of mandamus directing the 3rd respondent-Special Tahsildar to restore the entries in RTC as it stood before 24.12.2008; direct the 1st respondent-State Government to transmit all such adversarial litigation in the Revenue Courts (Assistant Commissioner and Deputy Commissioner) to the respective territorial Courts of Senior Civil Judge and District and Sessions Judges respectively; and a writ declaring to read down the term of the Assistant Commissioner under Sec. 136(2) and Deputy Commissioner under 136(3) of the Karnataka Land Revenue Act (for short hereinafter referred to as 'the KLR Act') to mean and include the respective territorial Senior Civil Judge and territorial District Judge respectively.