CHANDRAMMA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India read with Sec. 482 of Cr.P.C., praying this Court to issue a writ of certiorari quashing the impugned order dtd. 5/2/2020 (Annexure 'G') passed by respondent No.3 in file NoREVMAGCR-2019-20533 and direct the respondents to drop Sec. 145 Cr.P.C., proceedings and pass such other order as this Court deems fit in the facts and circumstances of the case.

(2.) The petitioner in the main petition has contended that Sy.No.304 measuring 4 acres 38 guntas situated at Chitta Village, Bidar Taluk and District. The copy of the ROR from the year 1997-98 (Annexure 'A') filed along with petition, is clear that the land was a patta land and the entries in the name of petitioner's husband in both column Nos.9 and 11. Earlier the survey number was given as 288 and subsequently re-numbered as Sy.No.304.

(3.) The learned counsel appearing for the petitioner would submit that earlier villagers have filed suit in O.S.No.122003 and the same was dismissed, wherein, the Civil Court has made an observation that out of 4 acres 38 guntas 2 acres of land was granted in favour of petitioner herein. The said judgment and decree has attained its finality. The learned counsel submits that in the said suit, the Deputy Commissioner as well as the Assistant Commissioner are parties to the proceedings.