SHANTA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) The petitioners have filed the instant writ petition with the prayer to quash the order at Annexure-B, dtd. 1/2/2023, issued by respondent No.1 and also prayed for a writ of prohibition against respondent No.1 from implementing the order at Annexure-B.

(2.) Heard the learned counsel appearing for the parties.

(3.) The lands bearing Sy.Nos.111 and 111/2 situated at Nippani Village, Chikkodi Taluka, Belagavi District originally belonged to one Smt. Tanubai Bhimrao Suryavanshi. The suit O.S. No.55/1975 was filed by one Shri Dattatreya Parvatrao Mulik, under whom the petitioners' claim, seeking for a decree of specific performance contending that Smt. Tanubai Bhimrao Suryavanshi had executed an agreement for sale in his favour for valid consideration. In the said suit, an exparte decree was passed by the jurisdictional Civil Court. Questioning the same, the contesting private respondents herein had filed Misc. Petition No.19/1994, the same was dismissed by the Civil Court and being aggrieved by the same, the contesting private respondents had filed M.A. No.22/1995, which was also dismissed. Being aggrieved by the said orders, the contesting respondents had filed CRP No.1644/2003 before this Court, which was allowed on 17/8/2022 and consequent to setting aside the orders, which were impugned in the revision petition, O.S. No.55/1975 was restored to file. The order passed in CRP No.1644/2003 has attained finality. In response to the query made by the revenue officers regarding the entries in the revenue records of the lands in question, the Deputy Commissioner has passed the impugned order. Being aggrieved by the same, the petitioner is before this Court.