IN THE HIGH COURT OF K4RNAAKA AT BANGALORE Dated this the 18th day of June 1998 BEFORE T! HON’E MR. JTJTICE CHAASHCARAIAH I’i! PITION No16838J199? Bhee1raya, Major, 8/0. BasaPPa, 0cc: agriculture, Rio. Saflkeshral village, Tq: Devdurga, Dist: Raichur. .. PEflTION (BY Sri.. R.B. Deshpr.e, v.) ND 1 • The Secretary, Office of the Grama Panchayat, Ranidurga, Tq: Devdurga, Dist: Raichur. 2. Nagafla Goa, Major, /o. Rachaflna, 0cc: Business, 3. Raflumantharaya, Major, 3/0. 3hnkarappa, oco: Agriculture, R2 & R are the R/o. Surkeshraj. village, Tq: Devadurg, Di st: Raichur. .. RESPO NDTS (By Sri. Veeresh B. Patil, for R2) •• “ . This petition is filed uixer ArtIcles 226 & 22? of the Constitution of India with a prayer to quash vide Ann-B dt.14.8.95 by Ri. This petition coming on for pri. hg. in ‘B’ Group this day, the Court de the following: ORDER The petitioner claiming to be the owner of the property bearing No.124 situated at unkeshr. village in Devdurg TaLuk, Raichur District, has filed this it Petition challenging the transfer of Khta by the Secretary of the Grama Panehayat in favour of the 2r re sponlent. 2. From the facts, it is seen,on the basis of the coromise decree in 0.3.19/94, the Secretary of the Grama Panchayat effected the Khata in the name of the 2X. resporent. The case of the petitiorr is that the 2xd aM 3rd respoMnts have obtained a decree by colluding each other without inpleading the petitioner as a party to the suit even though his the owner of the property. It Is further tiie case of the petitioner that he has filed the ‘.3 :3: t suit 0.3.41/1996 for a declaration that the conpromise decree obtained by the 21 arEl 3rd respondents is illegal and n,t binding on the petitioner. The said suit is perx3ing consideration in the Gourt of Munsiff at Devadurga. when the petitioner has already approached the Civil Court for getting the conpromise decree obtained by 2nd a 1 d respondent set-aside, there is no rean at this stage to interfere in the transfer of Khata made by the Secretary in the name of t1 2nd respondent. If the petitioner succds #er the suit 0.5.41/96, it is open for the petitioner to nove the secretary to make necessary chaes in the revenue records of Paflchayat so as to 1ing in confirmity with the decree that ny be Passed in the said suit. Therefore tire is no reason to interfere in the order of tI Secretary of the Grama Paflchayat regarding the transfer of Khata at this stage. Accordir1y, this 1’it Petition is rejected in the light of the observation made alDove. Sd/ JUDGE —Ic