(1.) The petitioner-Smt. Nagamma has filed this writ petition aggrieved by the order passed by the Deputy Commissioner, Bengaluru Rural District, Bengaluru, Annexure-M, dated 19-10-2015 and Annexure-N, dated 12-8-2015 and 19-10-2015 in the proceedings of the Case No. 5/1576 initiated by respondent 4-Sri Poojappa and the said documents being vernacular language were explained to this Court in English, subject to verification by the opposite Counsels to mean that the said Deputy Commissioner entertained the Appeal No. 5 of 2015-16 filed by respondent 4-Sri Poojappa against the petitioner-Smt. Nagamma and Chief Officer of Municipal Office, Nelamangala under the provisions of Section 306 of the Karnataka Municipalities Act, 1964 and not only protected the claimed possession of the respondent 4-Sri Poojappa but also suspended the "katha entry" in favour of the present petitioner which was recorded in her favour long back in the year 1972 in pursuance of a 'Hakku Patra' vide Annexures-E and G.
(2.) Being aggrieved by the said Annexures-M and N, interim order passed by the Deputy Commissioner under Sec. 306 of the Act, the petitioner filed this writ petition before this Court on 5-11-2015 and while issuing notices to the respondents a Co-ordinate Bench of this Court stayed the operation of Annexure-N, dated 12-8-2015/19-10-2015 and Annexure-M, dated 19-10-2015 passed by respondent 2-Deputy Commissioner. The statement of objection has been filed by the private respondent 4 in this Court.
(3.) Learned Counsel for the petitioner-Mr. T. Seshagiri Rao urged that Sec. 306 of the Act narrated below does not empower or confer any jurisdiction upon the Deputy Commissioner to entertain any such appeal by the private respondent questioning the "katha entries" in favour of the petitioner recorded about 3 decades back and the learned Deputy Commissioner while entertaining the said appeal which was wholly incompetent before him but he has not only passed the interim order in favour of respondent 4, but has also suspended the operation of the "katha entry" in favour of the present petitioner in purported exercise of his powers under Sec. 306 of the Act.