A BASAVARAJAPPA Vs. TAHSILDAR DAVANAGERE

JUDGEMENT

(1.) SINCE the petitioner is seeking a writ of mandamus, rule issued and with the consent of the learned Counsels for the parties the matter is taken up for final disposal.

(2.) THE petitioner claims to be the owner of 4. 28 acres of land in survey No. 76/p of Hosakundawada Village in Davanagere District, has filed this writ petition seeking a direction to respondents 1 and 2 to consider his application at Annexure-D to measure the land and to fix up the boundaries. His grievance is that the adjacent owners had removed the boundary stones. The first respondent-Tahsildar has issued the impugned endorsement at Annexure-E, dated 20-6-2001 stating that since suit in Original Suit No. 28 of 2001 is pending between the parties, at this stage it is not possible to consider his application under Section 140 (2) of the Karnataka Land Revenue Act. The petitioner is seeking to quash the said endorsement and a direction to the first respondent to consider his application at Annexure-D.

(3.) I have perused the impugned endorsement. Prima facie the reason assigned therein is contrary to Section 61 of the Act. It provides exclusive jurisdiction of Revenue Courts to determine, decide or dispose of any matter which is empowered to do so under the Act and the jurisdiction of Civil Courts is barred. In view of this, the impugned endorsement is contrary to the statutory provision and liable to be quashed.