SUNIL CHAJED Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The appellant has assailed the validity of the order dtd. 1/10/2020 passed by learned single Judge by which the writ petition preferred by respondent No.3 has been allowed and the order dtd. 13/11/2019 passed by the Tahsildar under the Sec. 140(2) of Karnataka Land Revenue Act, 1964 (hereinafter referred to as 'the Act' for short) has been quashed.

(2.) Facts giving rise to filing of this appeal briefly stated are that appellant claims to be the owner of land measuring 1 acre and 4.08 guntas of land bearing Sy.No.91/lA (hereinafter referred to as 'the land in question' for short). The authorities under the Urban Land Ceiling Regulation Act, 1976 took possession of the land in question. The appellant challenged the order passed by the authorities under the Act before the Karnataka Appellate Tribunal, which by an order dtd. 7/3/1998 directed restoration of land to the appellant. In compliance of the order passed by the tribunal, the name of the appellant was restored in the revenue records. The appellant filed the suit viz., O.S.No.26187/2014 seeking the relief of permanent injunction restraining the respondent No.3 from interfering with the peaceful possession in respect of land in question.

(3.) It is the case of the appellant that even though the land was restored in favour of the appellant, it was not possible to identify the boundary of the land in question and therefore, the appellant made an application to the Deputy Commissioner to fix the boundaries, which was forwarded to the Tahsildar. The Tahsildar thereupon initiated proceeding and issued notice to respondent No.3 and others and thereafter passed an order on 22/2/2019 directing the Assistant Director of Land Records, Bangalore East Taluk to take steps to fix the boundaries of the land in question. The respondent No.3 challenged the aforesaid order in a writ petition. The learned Single Judge by an order dtd. 14/8/2019 allowed the writ petition and remitted the matter to the Tahsildar to examine the issue with regard to jurisdiction and thereafter to proceed to adjudicate the claim on merits.