IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.29362 OF 2019 (LR) BETWEEN:
SMT. SARASAMMA W/O. RAMAKRISHNAPPA AGED ABOUT 70 YEARS RESIDING AT NO.404 LAKSHMI RESIDENCE KATHRAGUPE MAIN ROAD BANSHANKERI 3RD STAGE BANGALORE – 560 085 …PETITIONER (BY SHRI C.GOWRISHANKAR, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS HOUSING AND URBAN DEVELOPMENT DEPARTMENT, DR. AMBEDKAR VEEDHI BANGALORE – 560 001 2. THE ASSISTANT COMMISSIONER BANGALORE SUB-DIVISION BANGALORE – 560 001 3. THE TAHASILDAR BANGALORE SOUTH TALUK BANGALORE – 560 001 ... RESPONDENTS (BY SHRI Y.D.HARSHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 02.09.2015 PASSED IN CASE VIDE ANNEXURE-E BY THE R-2 WITH A DIRECTION TO THE RESPONDENTS TO ENTER THE NAME OF THE PETITIONER IN THE CONCERNED REVENUE DOCUMENETS IN RESPECT OF THE PROPERTY BEARING SURVEY NO.72/3 TO THE EXTENT OF 1 ACRE 30 GUNTAS IN KOLURU VILLAGE, TAVAREKERE HOBLI, MAGADI TALUK, RAMANAGAR DISTRICT AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri C.Gowrishankar, learned advocate for the petitioner and Shri Y.D.Harsha, learned AGA for the State.
2. Petitioner has challenged order dated 02.09.2015 in Case No.LRF(83)(Tha)15/2007-08 passed by the Assistant Commissioner, Bangalore Sub-Division, Bangalore, for violation of Sections 79(A)(B) & 80 of Karnataka Land Reforms Act, 1961.
3. Learned AGA raises a preliminary objection with regard to the maintainability of the writ petition, in view of the Appellate remedy available under Chapter IX, Section 118 of Karnataka Land Reforms Act, 1961.
4. In the circumstances, this petition is disposed of with liberty to the petitioner to seek Appellate remedy, if she is so advised.
No costs.
Sd/- JUDGE AV