IYYAPPA Vs. THYAPPA ALIAS RAVI

JUDGEMENT

(1.) WRIT petition by a person who claims to be in possession of a parcel of agricultural land measuring an extent of 1 acre 11 guntas in Sy No 44 of Amanikere village, Yelahanka hobli, Bangalore North (Addl) Taluk ever since the year 1977 and who is aggrieved that the revenue records showing the name of the petitioner recognizing his position effected in the year 1985, was set aside by the order passed by the Assistant Commissioner in an appeal under Section 136(2) of the Karnataka Land Revenue Act, 1964 [for short, the Act] at the instance of respondents 1 and 2 and a revision petition against this order preferred by the writ petitioner under Section 136(3) of the Act has come to be dismissed by the Deputy Commissioner as per order dated 23-3-2009 [copy at Annexure-A to the writ petition] and therefore the present writ petition, seeking for the following prayer:

(2.) NOTICE had been issued to the respondents. Respondents 1 and 2 are represented by Sri B S Nagaraju, respondents 3 to 6 are represented by Sri R B Sathyanarayana Singh, learned government pleader and seventh respondent is represented by Sri V C Raju, Advocate.

(3.) SUBMISSION of learned counsel for seventh respondent is very correct. When the petitioner has already instituted a civil suit claiming right, title and interest and seeking for declaration, entries made in the revenue records being subject to the result of such civil proceedings, I do not find any need to interfere with the orders passed by the Assistant Commissioner and the Deputy Commissioner, in exercise of jurisdiction under Article 227 of the Constitution of India. However, subject to the observation that revenue entries shall abide by the result of the suit now pending in OS No 1222 of 2007 filed at the instance of writ petitioner, this writ petition is dismissed.