IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.8268 OF 2018 (KLR-RES) BETWEEN:
Seema.S, W/o K.Ahamed Khan, Aged about 30 years, Chittavalli Village, Vasthare Hobli, Chikkamagaluru Taluk & District, 577 101. … Petitioner (By Sri Pradeep.B, Advocate) AND:
1. The Assistant Commissioner, Revenue Sub-Division, Chikkamagaluru, Chikkamagaluru District 577101.
2. The Tahasildar, Chikkamagaluru, Chikkamagaluru Taluk, Chikkamagaluru District, 577 101. … Respondents (By Sri.Venkatesh Dodderi, AGA) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash Annexure-F that the order of notice dated: 29.12.2017 passed by Assistant Commissioner consequently confirms the order of the Tahasildar and Assistant Commissioner.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:-
ORDER The petitioner herein, who is respondent in impugned Proceedings No.BAHU:CR:234/2017-18 on the file of Assistant Commissioner, Revenue Sub-Division, Chikkamagalur (Annexure ‘F’), has come up in this petition.
2. Admittedly, Annexure ‘F’ is a notice issued to the petitioner in the aforesaid proceedings, which is initiated under Rule 108-D of the Karnataka Land Revenue Rules, 1966, wherein, the petitioner is directed to appear before the said authority and to participate in the proceedings to re-consider the grant, which was made in Sy.No.51 of Chittuvalli Village, Vasthare Hobli, Chikkamagaluru Taluk, to an extent of 2 acres 38 guntas vide order of Akrama Sakrama Scheme dated 6.5.2017.
3. It is noticed that the petitioner instead of appearing before the authority from whom he has received the notice dated 29.12.2017 has approached this Court in haste. Therefore, the present petition, which is filed challenging the notice dated 29.12.2017, being premature in nature cannot be entertained. Accordingly, petitioner is directed to appear before the authority, which has issued the said notice and to participate in the said proceedings.
4. With the aforesaid observations, this writ petition is disposed of on the ground that the same is premature at this stage.
5. Learned AGA is permitted to file his memo of appearance within two weeks from today.
Sd/- JUDGE cp*