IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF MARCH 2019 BEFORE THE HON’BLE Mr. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.34521 OF 2018 (KLR-RR/SUR) BETWEEN:
1. SRI KOODAKANDI S KESHAVA AGED ABOUT 64 YEARS, 2. SRI KOODAKANDI S MONNAPPA AGED ABOUT 63 YEARS, 3. SRI KOODAKANDI S LINGAPPA AGED ABOUT 52 YEARS, PETITIONERS1 TO 3 ARE THE SONS OF SRI. K. R. SUBBAIAH ALL ARE R/AT THAVOOR VILLAGE, BHAGAMANDALA HOBLI, MADIKERI TALUK, KODAGU DISTRICT-571247 …PETITIONERS (BY SRI C.R. GOPALASWAMY - ADVOCATE) AND:
1. THE ASSISTANT COMMISSIONER MADIKERE SUB DIVISION, MADIKERI-571 201 2. THE TAHSILDAR MADIKERI TALUK, MADIKERI-571 201 3. SRI K M PURUSHOTHAM S/O LATE SRI KURUNJI MUTHAPPA AGED ABOUT 55 YEARS R/AT THAVOOR VILLAGE, BHAGAMANDALA HOBLI, MADIKERI TALUK, KODAGU-571 247 …RESPONDENTS (BY SRI VENKATESH DODDERI – AGA FOR R-1 & R-2 SRI PRAKASH M.S – ADVOCATE FOR C/R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 19.10.2017 PASSED BY THE R-1 VIDE ANNEX-A CONSEQUENTLY DISMISS THE APPEAL FILED BY THE R-3.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Respondents 2 to 4 in proceedings bearing No.RE.A.93/2015-16 on the file of Assistant Commissioner, Madikeri Sub-Division have come up in this writ petition impugning the order of first respondent dated 19.10.2017. Admittedly, the aforesaid proceedings before first respondent was under Section 136(2) of Karnataka Land Revenue Act, 1964. The said order is revisable in a revision petition to be filed before the Deputy Commissioner of Madikeri under Section 136(3) of Karnataka Land Revenue Act, 1964. Therefore, the present writ petition is filed without exhausting the statutory remedy provided under the Karnataka Land Revenue Act, 1964. Hence, the same cannot be entertained.
2. With such observation, this Writ Petition is disposed of. However, disposal of this writ petition would not take away the right of petitioners herein to approach the Deputy Commissioner by filing revision petition. As and when the same is filed, it shall be taken up for consideration and disposed of on merits within four months from the date of filing of such revision petition.
Sri.Venkatesh Dodderi, learned AGA is permitted to file memo of appearance within two weeks.
Sd/- JUDGE bnv*