IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.46036 OF 2016 & 46323-325 OF 2016 (GM-RES) BETWEEN:
RAMAPPA MEMORIAL EDUCATION TRUST (REGD) TALIKATTE, HOLALKERE, CHITRADURGA - 577 539, REPRESENTED BY ITS TRUSTEE. LOKESHWARAPPA, SON OF SIDDAPPA, AGED ABOUT 40 YEARS.
(By Mr. D R RAVISHNAKAR, ADV.,) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER CHIKKAMANGALUR DISTRICT, CHIKKAMANGALUR- 577101.
3. TAHSILDAR TARIKERI TALUK, TARIKERE - 577 228, … PETITIONER CHIKKAMANGALURU DISTRICT. … RESPONDENTS (By Mr. Y D HARSHA AGA) - - -
These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the orders dated 06.08.2016 passed by R-3 at the behest of R-2 Annex- C to W.P. and etc.
These Petitions coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.D.R.Ravishankar, learned counsel for the petitioner.
Sri.Y.D.Harsha, learned Additional Government Advocate for the respondents.
2. The petitions are admitted for hearing. With consent of the learned counsel for the parties, the same are heard finally.
3. In these petitions, the petitioner inter alia has prayed for the following reliefs:
a) Issue a writ in the nature of certiorari to quash orders dated 6.8.2016 passed by the 3rd respondent in No.LND.Cr.7/2015-16 at the behest of the 2nd respondent produced as per Annexure-C to the writ petition; and b) Issue a writ in the nature of mandamus directing the 2nd respondent to conclude proceedings regarding the grant of permission under section 109 of the Karnataka Land Reforms Act pursuant to Annexure-B date 1.3.2016 in No.LRF.CR.35/2015-16 and c) Pass such other as may be deemed appropriate under the circumstances of the case, in the ends of justice.
4. When the matter was taken up today, learned Additional Government Advocate submitted that the Deputy Commissioner, by an order dated 18.10.2016, has concluded the proceeding initiated against the petitioner under Section 109 of the Karnataka Land Reforms Act, 1961.
5. In view of the aforesaid submissions, learned counsel for the petitioner submitted that the petitioner be granted liberty to take recourse to such remedy as may be available to him under the law.
Accordingly, the petitions are disposed of with a liberty to the petitioner to take recourse to such remedy as may be available to him under the law.
Sd/- JUDGE RV