USHARANI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN these two petitions the petitioners have prayed for quashing the proceedings in PCR No. 190/2010 pending on the file of JMFC at Anekal and FIR No. 189/2010 registered by respondent No. 1 police.

(2.) RESPONDENT No. 2 filed a private complaint in PCR No. 190/2010 against the petitioners herein and three others. In the private complaint it is contended that land in survey No. 74 measuring 3 acres 39 guntas situated at Honnakalasapura village, Anekal taluk was granted to father of respondent No. 2 by way of grant in the year 1926. One Marakka created false sale deed and on that basis revenue entries in respect of the land in question came to be changed in the year 1974. Respondent No. 2, on coming to know about it, initiated proceedings before the Deputy Commissioner by filing a revision petition in R.P.No.109/2004 -05. The Deputy Commissioner vide order dated 10.10.2005 directed the Special Tahsildar, Anekal to conduct an enquiry. The Special Tahsildar inturn directed the Revenue Inspector to submit a report. Accordingly on 13.01.2006 the Revenue Inspector submitted a report. Since the Special Tahsildar failed to take action on the report of the Revenue Inspector respondent No. 2 lodged a complaint with the Lokayukta. Simultaneously respondent No. 2 also brought to the notice of the Deputy Commissioner about the report submitted by the Revenue Inspector. The Deputy Commissioner inturn directed the Tahsildar to take action. Again on 30.07.2010 the Deputy Commissioner directed the Tahsildar to take action on the report submitted by the Revenue Inspector. Accordingly the petitioner (in W.P.No.4360/2010) who is the Special Tahsildar of Anekal taluk passed an order on 06.08.2010 as per Annexure C holding that there is no merit in the contention of respondent No.2.

(3.) HEARD arguments on both the side and perused the entire petitions papers.