IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.No.6433/2017 (LR-RES) BETWEEN K.G.LAKSHMINARASIMHA PRASAD S/O LATE K.N.GUNDU RAO AGED ABOUT 45 YEARS, KEMPADALIHALLI KORA HOBLI, TUMKUR TALUK, TUMKUR DISTRICT PIN 572138. ... PETITIONER (By Sri SUNDARESH C.R., ADV.) AND 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING BANGALORE 560001 REP BY ITS SECRETARY .
2. THE DEPUTY COMMISSIONER TUMKUR TALUK, TUMKUR DISTRICT 572101.
3. THE SPECIAL TAHSILDAR TUMKUR TALUK TUMKUR DISTRICT 572101. ... RESPONDENTS (By Smt.B.P.RADHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ENDORSEMENT DTD.7.5.2016 PASSED BY THE R-3 VIDE ANNEX-A ISSUED TO THE PETITIONER HEREIN AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Learned Additional Government Advocate takes notice for the respondents.
2. Father of the petitioner had filed an application seeking re-grant of the inam land in Sy. No.20 measuring 3 acres 1 gunta along with 8 guntas of kharab land situated at Kodithimmanahalli of Tumakuru Taluk. This application filed by the father of the petitioner – K.N.Gundu Rao has been dismissed for non-prosecution on 10.02.1994 by the Tahsildar, Tumakuru Taluk. Proceedings sheet of the Tahsildar is produced at Annexure-B.
3. According to the petitioner, except on two occasions, on all other occasions, his father had appeared before the Tahsildar. However, the Tahsildar without examining the matter on merits, has dismissed the application for non- prosecution.
4. Learned Additional Government Advocate points out that as the order was not passed on merits, petitioner ought to have filed necessary application seeking to set aside the order of dismissal or he could have approached the appellate authority, and thereafter, explored the possibility of approaching this Court.
5. I find considerable force in the submission of the learned Additional Government Advocate. Reserving liberty to the petitioner to approach the original authority or the appellate authority with necessary application, this writ petition is disposed of.
Registry is directed to return the certified copies of the orders produced along with the writ petition, upon the petitioner substituting the same with Xerox copies.
Learned Additional Government Advocate is permitted to file memo of appearance within three weeks from today.
Sd/- JUDGE KK