JAYARAMAIAH S/O LATE YELLAPPA Vs. STATE OF KARNATAKA REP. BY ITS SECRETARY REVENUE DEPARTMENT, THE DEPUTY COMMISSIONER, THE TAHSILDAR AND KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD BY THE CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) WRIT Petitioner claims 10 be a person who is armed with an ex parte judgment and decree against the Special Deputy Commissioner, Bangalore Urban District, Bangalore, State of Karnataka - by its Secretary, Revenue Department, Vidhana Soudha, Bangalore, in respect of an extent of 4 acres of land in Sy. No. 41 of Konappana Agrahara Village, Begur Hobli, Bangalore South Taluk, as per judgment and decree dated 12.12.2001 passed in OS No. 464 of 2001 on the file of the Court of Addl. II Civil Judge (Jr. Dn.,), Bangalore Rural District, Bangalore.

(2.) SUBMISSION of Sri. Shivanna, learned Counsel for the Petitioner is that the State, in fact, had filed an appeal against; this judgment and decree under which the Petitioner's title to the suit had been declared and a permanent restraint order passed against the Defendants by filing RA No. 35 of 2003 before the Principal Civil Judge (Sr. Dn.,), Bangalore Rural District, Bangalore, but that appeal also came to be dismissed for non -prosecution on 9.7.2006; that in this state of affairs, the judgment and decree has become final and when the Petitioner based on this judgment and decree applied to the revenue authorities, i.e. the Tahsildar, Bangalore South Taluk, as per the application dated 13.7.2006 (copy at Annexure -A), the Tahsildar has remained inactive and therefore the Petitioner had once earlier approached this Court by filing a writ petition in WP No. 13242 of 2006 and this writ petition was allowed by this Court directing the Tahsildar to consider the case of the Petitioner therein as per the representation dated 13.7.2006 in accordance with law within a period of three months.

(3.) IT is to be noticed that though the suit contained only two Defendants, namely, the Special Deputy Commissioner and the State of Karnataka - by its Revenue Secretary, in the present writ petition, the Deputy Commissioner is arrayed as second Respondent and the Karnataka Industrial Areas Development. Board as fourth Respondent who are additional Respondents.