Mahaboob Au © Chotu Miyan v. The State of Karnataka, By its Secretary, Department of Revenue, M

(By Sri: Sharma Mallikarjun. HCGP) . .Respondents . This writ petition is filed under Articles-226 & 227 of the Constitution of India praying to issue a writ or order of direction in the nature of certiorari and quash the order dated 31-08-2011 passed by the deputy commissioner, Bidar in File No: KAM/TANTRIKA/77/2007-08, which is produced as Annexure-N etc. This writ petition coming on for preliminary hearing. this day, the court made the following:- ORDER Agreement holder for purchase of Sv.No.43 Jangalkoi Village measuring to an extent of 9 acres 18 guntas, has come up in this writ petition impugning the order of second respondent vide Annexure —

Brief facts leading to this petition are as under: Land bearing Sy.No.43 of Jangalkoi Village measuring in all 10 acres 38 guntas, The said Jangalkoi Village is situated adjacent to Kumbharwad Village and both villages 3 are in Bidar Taluk. This litigation has a checkered history of the petitioner herein approaching this Court earlier in W.P.No.81479/201 1 (KLR-RR-SUR) relief direction to Technical Assistant of Deputy Commissioner, Land Survey and Deputy Director of Land Records, Bidar, to consider the representation of the petitioner dated

14.03.2011 for issue of Form No.11(e) to petitioner in respect of land bearing Sy.No.43 of Jangalkoi Village, measuring to an extent of 9 acres 18 guntas, which was subject matter of an agreement for purchase entered into by him with the owners of the aforesaid land. The said Writ Petition came to be allowed on 19.04.2011 with a direction authorities consider his representation dated

14.03.2011. It is also seen that subsequently contempt proceedings are also initiated in CCC NO.3068/2011 against respondent Nos. 1 to 6 in the said writ petition. Thereafter. impugned order vide Annexure — N” is passed by respondent No.2. 4

The history of the ‘and bearing No.43 is traced in the order of second respondent impugned in this proceeding vide Annexure- N”. As could be seen from the said order, Jangalkoi Village and Kumbharwad Village are situated adjacent to each other. Initially there were only 1 to 42 survey numbers in Jangalkoi Village. The land bearing Sy.No.37 of Kumbharwad Village also measures 10 acres 3 guntas and the said land stood in the name of SrLBhadi Jamkhana Vakil. According to second respondent. the land bearing SyNo43 is new number, which is created overlapping the existing land, i.e., there is only 1 extent of 10 acres 3 guntas, which earlier referred to as land bearing Sy.No.37 of Kumbharwad Village, which is overlapped in the survey records to show as 43 of Jangalkoi Village.

It is also stated that in that behalf. survey has taken place and the said mistake taken place in the year 1958. knowledge second respondent accordingly second respondent, who is competent authority to fix the dispute regarding the boundaries of two villages, 5 has passed the orders under Section 139(2) of Karnataka Land Revenue Act, 1964, which is challenge in this petition.

The order impugned further clearly discloses that both land bearing Sy.No.37 of Kumbharwad Village and Sy.No.43 of Jangalkoi Village stood in the name of Sri. Bhadi Jamithana Vakil, who is said to be pattedar of the said lands and his legal representatives have sold the land both in Sy.Nos.37 of Kumbharwad and 43 of Jangalkoi. Incidentally it is the petitioner who has entered into an agreement of purchase of land bearing Sy.No.43 of Jangalkoi Village to an extent of 9 acres 18 guntas, has come up in this proceeding challenging Annexure issued by second respondent. Admittedly the said order is not challenged by the owners of land bearing Sy,No.43, Therefore, even in that view of the matter, this Court find that petitioner has no manner of right, title or interest to challenge deleting of Sy.No.43, which is nothing but overlapping of Sy.No.37 of Kumbharwad Village. Ct 6

On going through the order impugned, it is clearly seen that the second respondent after getting both the lands bearing Sy.No.43 of Jangalkoi Village and Sy.No.37 of Kumbharwad Village, surveyed by competent authority and after going through all the revenue records available in his office, has rightly come to the conclusion regarding the aforesaid overlapping and in the result, has passed an order to delete Sy.No.43 of Jangalkoi Village from the surveyed sketch as it does not exist.

In that view of the matter, there is absolutely no justification to interfere with the well reasoned order passed by second respondent in putting an end to the dispute regarding boundary and extent of non-existing land in Sy.No.43 of Jangalkoi village and retaining Sy.No.37 of Kumbharwad Village in survey records.