ERAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners in W.P.No.47516/2015, lay a challenge to the Deputy Commissioner's order dtd. 7/9/2015, a copy whereof avails at Annexure-S whereby he has taken cognizance of Assistant Commissioner's letter dated 14/15/7/2014 in substance holding that the land belongs to the Government and accordingly, the entries in the revenue records are directed to be mutated in favour of the Government. In the Miscellaneous First Appeals, the Plaintiffs as the Appellants, are laying a challenge to the orders of the trial Court whereby interim protection has been declined by rejecting their IAs filed under Order XXXIX Rules 1 & 2 of CPC, 1908. These MFAs are filed under Order XLIII Rule 1(r) of the Code.

(2.) Learned counsel for the Petitioners vehemently argues that wrongly, the Deputy Commissioner has made the order when ideally speaking, he ought to have set-aside Assistant Commissioner's letter dated 14/15/7/2014; now that his clients have filed declaration suits in O.S.No.189/2015 & O.S.No.290/2015, whose trial is half a through and therefore, the entries as existed prior to 14/15/7/2014 be continued in the name of his clients, of course, subject to outcome of these two suits. He also points out that even the Appeals in the subject MFAs also may be disposed off continuing the interim order granted by this court directing the parties to maintain status quo till after the disposal of the said suits.

(3.) Learned AGA appearing for the official Respondents vehemently opposes the petition contending that the proviso to Sec. 135 of the Karnataka Land Revenue Act, 1964 mandates making entries in the Revenue Records to accord with the declaratory decrees of the civil Courts and therefore, this Court exercising a limited supervisory jurisdiction constitutionally vested under Article 227 need not undertake a deeper examination of the impugned orders. He also submits that though interim direction for maintaining the status quo was granted in the subject MFAs, now that the entries are already made in favour of Government, the interim order should not be continued and that of appeals be dismissed subject to outcome of the pending suits. So contending, he seeks dismissal of the Writ Petition and accordingly the Miscellaneous First Appeals.