SHASHIKALA Vs. DEPUTY DIRECTOR

JUDGEMENT

(1.) THE petitioner in the above writ petition sought for a writ of mandamus directing respondent No.2, namely, Tahasildar/Assistant Director of Land Records, to dispose of the appeal, as well as the application for stay filed by the petitioner on 20.12.2012, as per Annexures 'F' and 'G'.

(2.) IT is the case of the petitioner that he is the lawful owner and in actual possession and cultivation of the agricultural land bearing R.S. No.30, measuring 3 acres 7 guntas situated at Aladkatti K.Y.Village, Savadatti Taluk, Belagavi District. Respondents 4 and 5 are the adjacent owners of the land bearing R.S. No.29 measuring 2 acres 4 guntas situated at Aladkatti K.Y.Village. 3rd respondent, without issuing any notice to the petitioner, has conducted survey and prepared P.T. Sheet, wherein it is alleged and shown that the petitioner has encroached upon the western portion, measuring 20 guntas out of the land bearing R.S. No.29, belonging to respondents 4 and 5.

(3.) AGAINST the said order, the petitioner filed an appeal before respondent No.2, under Sections 49E and 136 of the Karnataka Land Revenue Ac t, 1964 (for short 'the Act') and Rule 139 of the Karnataka Land Revenue Rules, 1966 on 20.12.2012. Along with the appeal, he has also filed an application for stay under Section 55(2) of the Act. Even after the lapse of three years, 2nd respondent has not considered the appeal and disposed of the same. In view of the pendency of the appeal, respondents 4 and 5 filed suit for declaration and possession in O.S. No.122/2012. The same is pending for adjudication. Therefore, the petitioner is before this Court for direction to dispose of the appeal, as expeditiously.