T.R. HARISH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Aggrieved by the impugned order dated 30.08.2017 passed by the learned Single Judge in W.P. Nos. 55090 - 55093 of 2015, by which the petitions were dismissed as not maintainable, the writ petitioners are in appeal.

(2.) The petitioners filed writ petitions under Articles 226 and 227 of the Constitution of India praying for the following reliefs:

(3.) The petitioners claim that they are the absolute owners of land to an extent of 4 acres in Sy. No. 75 (resurvey No. 184) in respect of petitioners No. 1 and 2 and 4 acres in Sy. No. 75 (resurvey No. 183) in respect of petitioners No. 3 and 4 in Sy. No. 75 of Doddabidarakallu village, Yeshwanthapura Hobli. The petitioners acquired the lands under sale deeds dated 21.02.2007 and 21.02.2007 respectively. The petitioners have purchased the lands for the purpose of agricultural activities. The predecessors in title of the petitioners were granted lands under Inams Abolition Act. There was proceedings initiated by the State under Section 136(3) of the Karnataka Land Revenue Act, 1964 against the petitioners' predecessors in title and subsequently the same were dropped by the Special Deputy Commissioner by order dated 18.02.2003. Some persons made representation dated 22.06.2007 against the petitioners and predecessors of the petitioners making allegation of siphoning of the Government lands due to which, mutation and change of revenue entries were not effected. Subsequently, after enquiry it is stated that the Deputy Commissioner by his order dated 20.10.2012 recognized the rights of the petitioners' predecessors. It is stated that the Government has granted lands in Sy. No. 75 to a large extent and a small extent remains in the said survey number. It is stated that the second respondent handed over land measuring 25 acres in Sy. No. 75 to erstwhile City Municipal Council of Dasarahalli for Garbage/Waste Management. Subsequently, on establishment of Bruhut Bengaluru Mahanagara Palike (‘BBMP' for short), the same vests with the BBMP. It is also stated that in terms of Government letter 23.03.2005 an extent of 25 acres of land in Sy. No. 75 was handed over to the Commissioner, CMC, Dasarahalli on 21.09.2005 under Jameenu Hastantara Patra. The petitioners state that the Deputy Commissioner and Tahsildar have no right to include and hand over petitioners' land in Sy. No. 75 to CMC, which they had purchased in the year 2007. Subsequently it is stated that the petitioners filed O.S. No. 1158 of 2014 and O.S. No. 1160 of 2014 against the respondents. The said suits are said to have been pending for adjudication. In the meanwhile, the present writ petitions are filed with the above mentioned prayers. The learned Single Judge noticing that the civil suits are pending in respect of the dispute, declined to entertain the writ petitions. Hence, the present appeals.