IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2017 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION Nos.41544-41545/2017 (KLR-RES) BETWEEN:
1. SRI K. P. MOHAN, SON OF SRI PAKRUGATTI, AGED ABOUT 53 YEARS, 2. SMT. K. M. SUMA, W/O SRI K. P. MOHAN, AGED ABOUT 42 YEARS, BOTH ARE RESIDING AT DODDABBOOR VILLAGE, ABOORKATTE POST, SOMWARPET TALUK, KODAGU DISTRICT-571201.
(BY SRI RAJARAM T., ADVOCATE) AND:
1. THE SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001.
2. THE DEPUTY COMMISSIONER, MADIKERI, COORG DISTRICT, KARNATAKA STATE-571201.
3. THE ASSISTANT COMMISSIONER, MADIKERI SUB DIVISION, MADIKERI, COORG DISTRICT, KARNATAKA STATE-571201.
... PETITIONERS 4. THE TAHSILDAR, SOMWARPET TALUK, SOMWARPET, COORG DISTRICT, KARNATAKA STATE-571201.
5. SRI C. A. SUBBAIAH, S/O SRI C. M. AIYANNA, AGED ABOUT 57 YEARS, DODDABBOOR VILLAGE, ABBORKATTE POST, SOMWARPET TALUK, KODAGU DISTRICT-571201.
... RESPONDENTS (BY SMT. PRAMODHINI KISHAN, AGA FOR R1 TO R4) … THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY ASSISTANT COMMISSIONER, DATED 29.6.2017 ISSUED BY THE ASSISTANT COMMISSIONER, MADKERI SUB-DIVISION, COORG DISTRICT, WHICH IS PRODUCED AND MARKED AS ANNEXURE-F.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER On taking notice of the official - respondents, the learned Additional Government Advocate raised preliminary objection with regard to maintainability of the writ petitions in view of the provisions under Sub- Clause (6) of Clause D of Rule 108 of the Karnataka Land Revenue Rules, 1966.
2. On perusal of the order passed by the Assistant Commissioner exercising power under Rule 108 of the Karnataka Land Revenue Rules 1966 an appeal lies to the Deputy Commissioner under the provisions of Sub- clause (6) of Clause D of Rule 108 of the Karnataka Land Revenue Rules. In view of the same writ petition is not maintainable.
3. Accordingly, writ petition is dismissed reserving liberty to the petitioners to avail an alternative remedy of filing an appeal under Sub-clause (6) of Clause D of Section 108 of the Karnataka Land Revenue Rules and if any such appeal is filed by the petitioners herein, the Appellate Authority shall decide the appeal on merits.
All the contentions raised by the both the parties in the writ petitions are left open.
Nsu/-
Sd/- Judge