M K CHENGAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) IN this writ action, the petitioner has brought in question the order in RA/REV/23/2011 -12 and RA 177/2010 -11 passed by respondents 2 and 3 respectively dated 10.06.2013 and 29.3.2011.

(2.) IN the party array, the petitioner has brought in the State of Karnataka, the Deputy Commissioner and the Tahsildhar as respondents 1 to 4 and Sri.M.M.Aiyanna, as respondent No.5.

(3.) THE petitioner has sought writ in the nature of certiorari to quash the order dated 29.2.2011 in RA 177/2010 -11 and the order in RA/REV/23/2011 -12. In support of the relief, it is averred that the petitioner's father Mukattira Kutappa and the father of fifth respondent Mukkatira Muthanna were brothers and had jointly purchased the property in Survey Nos.139, 169 and 170 of Kolathodu Bygodu Village, Virajpet Taluk, Kodagu District, from one Nanaiah Vasudev under a registered sale deed dated 26.11.1995 and 14.1.1936. Subsequently, there was oral partition between them in the year 1942 and on 19.01.1951, a mahazar was drawn identifying the portions which were allotted to each one of them. In terms of the statement by which partition was effected, Survey Nos.139 and 169 was allotted to the share of the petitioner and Survey No.170 was allotted to the share of the fifth respondent. The respondent and petitioner took possession of their respective portions and are in physical possession and enjoyment. It is further averred that between the land fallen to the share of the petitioner in Sy.Nos.139 and 169 and the property fallen to the share of the fifth respondent in Sy.No.170, there is a water stream and Paisary land in Sy.No.140. Thus, the land fallen to the share of the petitioner and fifth respondent are bifurcated by a stream of water flowing across in Survey No.140. It is in existence from time immemorial and the same measures 30 feet in width.