DONNAPPA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) Petitioners are knocking at the doors of Writ Court for assailing the Deputy Commissioner's order dtd. 20/10/2012 made under Ss. 136(3) at Annexure-M which confirms the Assistant Commissioner's order dtd. 21/6/2001 made u/s.136(2) of the Karnataka Land Revenue Act, 1964 at Annexure-J. Learned counsel for the petitioners argues that the entry in question could not have been made inasmuch as the same is contrary to two sale deeds, one dtd. 25/6/1958 at Annexure-K and the other dtd. 22/1/1970 at Annexure-L. He also draws attention of Court to the mutation of entries earlier made on the basis of these two sale deeds.

(2.) Learned AGA appearing for the official respondents and the learned private advocate appearing for the private respondents, oppose the Writ Petition contending that though the survey number is a bit wrongly mentioned, the parties have understood each other's lands as the officials too have, going by it's description land in the subject sale deeds by specifying the boundaries and therefore, no grievance of the kind can be made in this petition.

(3.) Learned counsel appearing for the private respondents notifies to the court about the pendency of civil suit in O.S.No.712/2007 filed by his clients wherein petitioners' side happens to be defendants. They have sought for declaration of title & injunction in respect of the subject land and that the said suit has been long pending. He also contends that, after all, the orders of Assistant Commissioner & Deputy Commissioner shall be subject to outcome of the said suit. So contending, they seek dismissal of the Writ Petition.