IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.44107/2011(KLR-RR/SUR) BETWEEN S.P. HASTHAGIRINATHAN, S/O LATE PRA. RANGHACHAR, AGED 64 YEARS CHIKKAHOLE VILLAGE, CHAMARAJANAGARA TALUK, CHAMARAJANAGARA. ... PETITIONER (BY SRI MURUGESH V CHARATI, ADVOCATE) AND 1. THE ASSISTANT COMMISSIONER, KOLLEGALA SUB-DIVISION, KOLLEGALA, CHAMARAJANAGARA DISTRICT.
2. THE TAHSILDAR ZILLADALITHA BHAVANA, CHAMARAJANAGARA TALUK, CHAMARAJANAGARA DISTRICT.
3. S.P. LOKANATHAN, S/O LATE RANGHAR, AGE MAJOR, CHIKKAHOLE VILLAGE, CHAMARAJANAGAR TALUK, CHAMARAJANAGAR DISTRICT. ... RESPONDENTS (BY SRI T.S.MAHANTESH, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 AND R2 SRI G.R.ANANTHARAM, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER PASSED BY THE 1ST RESPONDENT VIDE ORDER DT 28.10.2011 IN R.A.NO.313/10-11 VIDE ANNEXURE-F TO THE WRIT PETITION BY CONFIRMING THE MR NO.6/02-03 OF BOMMANAHALLI VILLAGE, HARADANAHALLI HOBLI, CHAMARAJANAGARA TALUK AND DISTRICT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER First respondent in RA.No.313/2010-11 on the file of Assistant Commissioner, Kollegal Sub Division, Kollegal, has come up in this writ petition impugning the order dated 28.10.2011.
2. Admittedly, the appeal in RA.No.313/2010-11 was filed by the 3rd respondent. The copy of said appeal produced at Annexure-D would indicate that the appeal is filed under Section 162 of the Karnataka Land Revenue Act, 1964 (‘the Act’ for short), which is a wrong provision mentioned in the appeal memo. However, the order impugned which is at Annexure-F is concerned, it is an order under Section 136(2) of the Act, as such, the said order is revisable under Section 136(3) of the Act. In that view of the matter, this Court is of the considered opinion that the present writ petition filed without exhausting the remedy available in law is not maintainable.
Accordingly, this writ petition is dismissed.
Sd/- JUDGE nd/-