C IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 30TH DAY OF JUNE 1998 BEFORE THE HON’BLE MR.JUSTICE P.VISHWANATHA SHETTY Writ Petition No.20982/1997 1 Shri Chennaupa Gowda S/n late Sri Iyathiapp Gowda, Aged about 40 yeats. 2. rnt. Lakshmi W/o lat€ Sri lyat[i ppa Gowda, Aged about 60 years. Petitioners Both are residing at Veerakamba village, Bunwal faluk Dakahind Kannada Diet (By Sri Dshaj, Advocate) vs. The ‘tt ‘f a taFa by ttr Princip—d. Seeretry, Pevenue Dec tnent, M SEulJings, I gc orel 3. The Karnataka p1lstr I M Bi irgs D Arnbeak Veedhi, Rngaloie- repr’snted I its Regi ti ir 3 Th’ Speciat[ nuty Commis— ioner (MSTP), Dikshir K Toads Di:tr tt Ma nga I or e. 4 The Assitant Commissionei Mangalore Sub Division, Mangalore, -2 - 5. The Tahsilckr, Buntwfl raluç, Buntwal. 6 Sri CN Gopalaityishna S/) Venkataramaja,, m4Jor, Rio kahnj Veerakamb 8 Buntwaj Taluk, Dakshjna kannnda Dist, 7. Th, Chairman, Grant Committe, for Regularigj 0 of ‘Jflcwuthor iaed OC(.Upatj Buntwal Tajuk, Dakhj, kanygada Diet. .Respondents (By Sri BS.Kotjan Government Advocate for respondents 1. to S and 7; Sri B.H.krjsh, Shat, Ady for Respondent -6) Writ Petition filed Under Articles 226 and 227 of the Conetitution of India with an affidavit praying for the quashg of the order dated 22-9—3989 passed by the 5th respondent Vide Annexure_B, order dated ca00$ed by the 4th respondent vide Annexurp C and also the order datd 2C—31 -199j Passed by the third respondent vide Annexure D etc. tin PEtation C.oIWirg on for hearing before Court his day, the Court made the following: ORDER Tr ths petition, the Petfttcr wIo Ucrjm to be in Ufl8Utjorj 53 occupation of End measuring 2 Icres 86 Cents i Survey Nu.2o/2A Situated dt s’eerakamba viilage, Buntwaj Tajuk, Dakshjna kannada, have called in quest the correctness of the order doted 22nd of Sptemoer 1989. oo’ of which beer produ €d a Annex € B ps i th 5th respondent; orde dated 31st of March 19980 a o f we h been rodied a Zjnexu’e-C. passed by the 4th respondent; and a1c cue be ed et f Novemb 1991, copy of which haa been produced as Anr xurD p seed the third r pondent, 5r Dnshraj, 1eaind Counsel appe ing for the petutionr. rnad seveval submussions in support cf th plea Lht tho ordor impugned re lahl to be cuashed by thin Cour F 3 S i brishna Bht, ier nod Cor ned appearing fo th th ro ident, in the light o thc discussion thnt had tkari place n t h u C a t th h CI f t H pition, firty obnitd that since the disut be ween th paittea oncoming tFe cnd nstos, is ponding adjudication r thE C I cu t n two u it r J 1. Fi appiicaton filed by the petitioner in Form re0 seek ng rgulariation ot hi uncut hor sed ocnupation of the land n uetior is 3l 1’g cnideratic’n betoe th ,‘th tSp ndentCommtte onst itured un& Secticn 94 f the Vs t ka Land Revenue ct, he has no objection fo this our o ‘et a de th impugn€d order ecrving iibrrty to the parties to agitate thei espE(tiv laims ir the suit pending before the Civii Court and also before the Comrr itte 4 Sri Deshraj has no objection for this (curt t adopt th aid o a Iii the light of the joint submisicn mad€ by the lerncd Counsel appearing fo tH drties as tated abour, the ordcrs impugned are hcrehy quashd. 10 t rei. ndent rnr ite re ted to of toe apalication filcd hr r,Frrr\o 0i r. ic ud Secris 9’cC ci th C:r a: eoodit iouoly as oh a d st my ye h th i the later than nine months from the daLe of oceipt f cpy of this rde 7. However, it is made clear- that foi any to o if € appl ott n tated to hay been flied by the petitioner n Form No5O is ot avtilable, r-h ‘ue t ad Ly t1€ petitioner seehing regular-teation of his ill q€ J u ut or e ocsupati i of t e land in question, which has been pending on’id ration befor t Tbilda mutt be treated as an application in Form No5C and tho id appli atlon is required tc disposed of by the Committee, as stated above 8 It is nooJle to observe that tho Civil Court, whtch is ceaned of the suits, and Lhe Commirteo which is equird to consider the claim of the petitioner for regutarisation t the uraut’ r Lied occupation of the pe it oner and al>o the claim o the 6th respon&nt tha he ‘hum i r aht in eset of the lot J r que tit are reqo ii ed to c nsider the maer- he bai of the matria’ piro cc bef r c then a d witf ut bei g inf lucrced f y the obserotion made in the course cr-f thit ‘I U fr C 13 (Dci (1 (3ci 0 (1 - a) (3 - 3) C ) 3 o - j (a ED 13 3 3 3 (3 (a0 a a ‘I txI EL -ça