L. SABJAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition has been filed seeking for a writ of certiorari calling for the records pertaining to the proceedings of the third respondent in Na.Ka. No. 4689/2011/B3 dated 16.4.2012 and to quash the same as illegal, incompetent and ultra vires. The brief facts which led to filing of this writ petition are as follows:

(2.) A counter affidavit has been filed on behalf of the third respondent/Sub Collector, Hosur, wherein, while denying the averments made in the writ petition, it is stated that the third respondent conducted a detailed enquiry, wherein, it is found that the 5th respondent is the actual owner of the land in dispute and accordingly, orders were issued in proceedings D.Dis.4689/2011(B3), dated 16.4.2012 in favour of the 5th respondent on merits, as against which, the writ petitioners have appeal remedy to the District Revenue Officer, Krishnagiri and without exhausting the same, the petitioners have filed the present writ petition. It is also stated that the subject lands were originally belonging to one Venkatesappa of Bagalur village and after his demise, patta of the said lands were transferred in the names of his legal heirs Sankarappa, Suresh, Ramesh and Manjula and there are no records or documents to prove that the subject lands were gifted to Mangamma and Akkaiamma and therefore, the purchase made by the writ petitioners from the said Magarnma and Akkaiamma is not legally valid and there are other legal heirs and they have also got right over the disputed lands. Tmt. Akkaiamma, daughter of late Venkataseppa filed a suit in O.S. No. 131 of 1993 on the file of the District Munsif Court, Hosur, which came to be dismissed for default on 6.2.2009. The 3rd respondent has passed impugned order even prior to filing of the civil suits and after conducting a detailed enquiry and issued patta in favour of the 5th respondent and it is valid one. Therefore, the 3rd respondent sought for dismissal of the writ petition.

(3.) 5th respondent has filed a counter affidavit, wherein, it is stated that the subject lands were belonged to Ramesh, Suresh and Manjula, who are the sons and daughter of original owner Venkatesappa, from whom, the 5th respondent purchased the lands by two sale deeds in Document Nos. l360 and 1362 of 2010 on 15.2.2010 and from the date of purchase, he has been in physical possession of the lands. The vendors of the petitioners, viz., Achamma and Mangamma had filed a civil suit in O.S. No. 131 of 1993 on the file of the District Munsif Court, Hosur claiming equal right over the subject lands against the vendors of the 5th respondent, viz., Venkatesappa and others, which came to be dismissed. However, while the said suit was pending, the said Achamma and Mangamma had sold the property to the first petitioner, who in turn, executed a gift deed in favour of his wife, the second petitioner herein. Therefore, pending the suit, the vendor of the petitioners had sold the property to the first petitioner and as subsequently, the said suit came to be dismissed on merits, the vendor of the first petitioner has no right to sell the property and hence, the first petitioner has no valid title or right over the property. Though the property stands in the name of the first petitioner, subsequently, on application by the 5th respondent, the 3rd respondent having conducted a detailed enquiry, issued patta in favour of the 5th respondent after cancelling the patta in favour of the first petitioner. With these averments, the 5th respondent sought for dismissal of the writ petition.