C SHIVANNA Vs. C NARAYANA GOWDA

JUDGEMENT

(1.) By these petitions, the petitioner has prayed for calling for the record of proceedings in R.A. (LKP) 32/92-93 and R.A. (LKP) 66/93-94, before the Sub-Division Officer, Ramanagaram SubDivision, Raxnanagaram in Bangalore Rural District. The petitioner has further prayed for issuance of writ of certiorari or any other appropriate writ, order, direction or command against respondents and has prayed for quashing of the orders dated 29-7-1994 in Nos. R.A. (LKP) 32/92-93 and R.A. (LKP) 66/93-94 on the file of the Sub-Division Officer, Ramanagaram, copies of which are Annexures H and J to these petitions, respectively, in respect of Sy. No. 166/2 (New) Sy. Nos. 555, 556 and 557 of Harisandra Village in Ramanagaram Taluk.

(2.) The facts of the case in brief are according to the petitioner's case as alleged in the writ petition, the petitioner's father had four sons as mentioned in paragraph-2 of the writ petition and that one of the brothers of the petitioner namely Sri Dodda Veere Gowda, separated from the family some times in the year 1925 and shifted to Bilagumba village and began to live there. Other brothers of the petitioner as well as the petitioner continued to live jointly with their father till about 1945. According to the petitioner's case there came division and under the registered deed of partition, the partition did take place on 10-7-1945. The family properties were divided as per Schedules 'A', 'B' and 'C' to the said partition deeds and the properties which were allotted to the petitioner's share were described as Schedule-C to the writ petition. According to the petitioner's case, as appears from record, on an application moved by petitioner and also alleged to have been moved by his elder brother Chikke Gowda, the properties which were allotted to their respective shares were separately phoded (divided) in the year 1960-61 as per Mutation Register entry No. 54/60-61 in the revenue records. Petitioner claims that as per entry in the Mutation Register an extent of 29-00 acres in Sy. No. 166 has been entered in petitioner's name as per details given in paragraph-4 of the petition, over which the petitioner alleges to have done the act of user by raising trees. The petitioner further alleged that his brother Chikke Gowda died some 10 years back, i.e., 10 years prior to the filing of the writ petition and respondents-1 and 2 are his sons. Respondents-1 and 2, according to petitioner's case, claim that what was originally Sy. No. 166 and belonged to the family of petitioner and his brothers and that the petitioner came to know about the second respondent's moving of some application to the Tahsildar, Ramanagaram on or about 1991 claiming an extent of 15-00 acres in Sy. No. 166/2 of Harisandra Village. The Tahsildar sent an endorsement dated 30-4-1992 to the second respondent informing him that he had no authority to take any action in the matter as the Katha has already been made out in the name of the petitioner. Thereafter respondents-1 and 2 filed R. A. (LKP) 32/92-93 some times in 1992, The petitioner also challenged the correctness of the proceedings of M.R. Nos. 107 and 109/83-84, by way of abundant caution and this appeal was numbered as R.A. (LKP) 66/93-94 before Sub-Divisional Officer. That by two separate orders dated 29-7-1994, the Sub-Divisional Officer concerned exercising the appellate power allowed the appeal filed by respondents-1 and 2 and dismissed the appeal filed by the petitioner, the copies of the two orders passed in the two appeals mentioned above have been annexed by the petitioner as Annexures H and J to the writ petition.

(3.) Having felt aggrieved from the order contained in Annexures H and J whereby the Appeal No. 32/92-93 was allowed and petitioner's Appeal No. 66/93-94 has been dismissed, the petitioner has come up before this Court by these petitions under Articles 226 and 227 of the Constitution of India and sought for the reliefs mentioned above.