IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NOS.15958-15959/2019 (GM-KSFC) BETWEEN:
1. SMT. GOWRAMMA AGED ABOUT 60 YEARS W/O. LATE KENCHAIAH.
2. SMT. VENKATALAKSHMI AGED ABOUT 57 YEARS W/O. LATE VARADARAJU THE PETITIONERS NO.1 AND 2 ARE R/AT NO.6545/5651 34TH D DIVISION AVR ROAD, J.C. EXTENSION KANAKAPURA TOWN RAMANAGARA DISTRICT-562 117. … PETITIONERS (BY SRI. K.K.VASANTH, ADV.) AND:
1. THE KARNATAKA STATE FINANCIAL CORPORATION ESTABLISHED UNDER THE STATE FINANCIAL CORPORATION ACT, 1951 BENGALURU RURAL BRANCH NO.197, 1ST FLOOR, 2ND STAGE WEST OF CHORD ROAD BENGALURU-560 086.
REPRESENTED BY ITS BRANCH MANAGER.
2. THE KARNATAKA STATE FINANCIAL CORPORATION RAMANAGARA BRANCH NO.642, 1ST FLOOR, VIDYANAGAR OPP: ZILLA PANCHAYATH OFFICE B.M. ROAD RAMANAGARA-562 159 REPRESENTED BY ITS BRANCH MANAGER.
3. SRI. RAMESH MAJOR BY AGE S/O. NAGAIAH R/O. HULIBELE VILLAGE KANAKAPURA TALUK-562 117.
4. SRI. VISHWANATH G.M. MAJOR BY AGE S/O. LATE G.V. MANJUNATH R/AT NO.82/1, 5TH CROSS ROAD LAKSHMINARAYANAPURA BENGALURU-560 021.
5. SPECIAL THASILDAR KARNATAKA STATE FINANCIAL CORPORATION BENGALURU RURAL DISTRICT NO.197, 1ST FLOOR, 2ND STAGE WEST OF CHORD ROAD BENGALURU-560 086. ...RESPONDENTS (BY SRI VINAYA KUMAR G.S., ADV. FOR CAVEATOR/R.2 THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.03.2019 ISSUED BY RESPONDENT NO.5 VIDE ANNEXURE C AND THE ORDER DATED 29.03.2019 PASSED BY RESPONDENT NO.2 HEREIN VIDE ANNEXURE-D.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr.K.K.Vasanth, learned Counsel for the petitioners. Mr.Vinaya Kumar G.S., learned counsel for respondent No.2.
The petitions are admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In these writ petitions, petitioners, inter alia, seek writ of certiorari to quash the order dated 22.03.2019 issued by respondent No.5 and order dated 29.03.2019 issued by respondent No.2.
3. When the matter was taken up today, learned counsel appearing for the respondents submitted that the petitioner has the remedy of appeal under Section 49 of the Karnataka Land Revenue Act, 1964 and the petitioners be relegated to avail the appeal remedy.
4. Learned counsel appearing for the petitioner fairly submits that he be granted liberty to approach the Appellate Authority by filing an appeal.
5. In view of the aforesaid submission and in the facts of the case, it is directed that the respondents shall furnish particulars of the Appellate authority to the petitioners within a period of one week from today. Thereafter the petitioners shall file an appeal within a further period of one week therefrom before the Appellate Authority. The Appellate Authority after affording an opportunity of hearing, shall deal with the appeal expeditiously. It will be open to the petitioner to file an application for stay as well before the Appellate authority.
6. Needless to state that in case such an application is filed, the Appellate authority shall decide the application within a period of one week from the date of filing of such application after hearing the parties. Till the application for Stay is decided, status- quo as it exists today with regard to possession in respect of the property in question shall be maintained. It is made clear that this Court has not expressed any opinion on the merits of the claim made by the petitioners.
Accordingly, the petitions are disposed of.
Sd/- JUDGE akc/-