C V NANJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Boundary disputes cannot be subject matter for scrutiny in writ jurisdiction, whether it is in the first round second round or third round. As to whether Petitioner has acquired good right and interest in an extent of 4 acres of land claiming title under one Mahadeve Gowda and Shivanne Gowda in terms of sale deed executed on 1.1.2000 purporting to be on the basis of a grant order made in favour of the said Mahadeve Gowda in terms of an order dated 15.6.1978 passed by the Tahsildar, copy produced as Annexure E to the petition, or as to whether the subject land is any part of an extent of 24 acres of land comprised in Sy. No. 247 of the very Shivapura Village, Kasaba Hobli, Chamarajanagar Taluk, is not a dispute that can be satisfactorily resolved by the writ court, irrespective of the number of rounds made either by the Petitioner or the 4th Respondent to this Court and irrespective of the number of writ proceedings that was generated earlier before this under Articles 226 and 227 of the Constitution of India.

(2.) It appears the dispute between the parties is that while the Petitioner claims an extent of land as available in terms of the survey conducted on 17.4.2007 by the Tahsildar in terms of an affidavit dated 24.11.2009, copy produced as Annexure-N11 to the petition; that proceedings of the Tahsildar did not conclude there but was subject matter of appeal, before the Asst. Commissioner and there is an affidavit indicating that it was subject matter of some other proceedings in a revision pending in RA. No. 11/2008-09 before the Deputy Commissioner etc., and the present cause for the writ petition being the Deputy Commissioner having issued directions for re-survey, which is sought to be prevented at all costs by the writ Petitioner through the present writ petition 3. The 4th Respondent having entered caveat, this Court granted interim order staying the directions issued by the Deputy Commissioner in terms of the order dated 22.09.2010 copy produced as Annexure-V to the petition, in terms of the order dated 15.12.2010 reading as under:

(3.) Counsel for R-4 who has entered caveat seeks time to file objections. Time is granted till 13.1.2011 to file statement of objections if any, until then action pursuant to the impugned order vide Annexure-V is stayed till the next date of hearing.