MAREPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The unfortunate citizen of the State is before this Court for Writ of Mandamus for non-registration of F.I.R. directing the Respondent No. 4 to register the FIR on the basis of complaint filed by him as per Annexure- C dated 28.12.2016 and hold enquiry in accordance with law. I. Brief Facts Of The Case

(2.) The petitioner claims that he is the owner of the land bearing Sy.No. 222 of Naribole village, Jewargi taluka, Kalaburagi district totally measuring 14 acres 18 guntas along with one Tippanna s/o Mareppa Talwar and the said land being cultivating by the petitioner by raising thor dal, jawar crops. The RTC extracts produced to show that he is owner and in possession of the said property as per Annexure-A.

(3.) The things stood thus, one Sharanappa s/o Sabanna filed an application before the Tahasildar claiming that he is owner of the said land. The Tahasildar without notice to the petitioner in connivance with the officers got his name entered in the Record of Rights. The said order of Tahasildar was subject-matter of the appeal before the Assistant Commissioner, Kalaburagi. The Assistant Commissioner, Kalaburagi after hearing both the parties was pleased to set aside the order passed by the Tahasildar and directed to restore the name of petitioner and the said order has been reached finality. In spite of the said order passed by the Assistant Commissioner, the said Sharanappa was interfered with the cultivation of the land by the petitioner and during the year 2016 he has cultivated jawar in his land and apprehended his crops may be harvested by said Sharanappa with the help of goonda elements. Hence, he made an application on 16.12.2016 to the Tahasildar requesting to provide protection for harvesting his crops. Accordingly the Tahasildar addressed a letter to the Jewargi police directing them to provide police protection to them on 20.06. 2016 as per Annexure-B.