IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA W.P.NO.25849/2019(KLR-RES) BETWEEN SRI. MOOSA KUNHI BYARI SINCE DECEASED BY LRS 1. M.K.ABDUL KHADRI S/O LATE SRI. MOOSAKUNHIBYARI, AGED ABOUT 54 YEARS, #6070, KOKALA HOUSE, MANCHI POST, KOLNADU VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 211.
2. M.K. MOHAMMAD S/O LATE SRI. MOOSA KUNHI BYARI, AGED ABOUT 54 YEARS, #6070, KOKALA HOUSE, MANCHI POST, KOLNADU VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 211.
3. SMT. BEEFATHUMMA D/O LATE SRI. MOOSA KUNHI BYARI, W/O ISUBU SAHEB AGED ABOUT 58 YEARS, PADILBETTU HOUSE, BANTWAL TALUK ULI VILLAGE, D.K.DISTRICT – 574 211 4. ISMAIL S/O LATE SRI. MOOSA KUNHI BYARI, AGED ABOUT 44 YEARS, #6-229, NOOJIBAILU HOUSE, SALETHUR POST, KOLNADU VILLAGE, BANTWAL TALUK, D.K.DISTRICT - 574 211. ... PETITIONERS (BY SRI SRIKANTH N.V, ADVOCATE) AND 1. ESHAWAR BHAT S/O NARAYANABHAT, MANCHI MANE, KOLNADU VILLAGE, BANGTWAL TALUK, D.K.DISTRICT - 574 211.
2. REVENUE INSPECTOR VITLA, D.K.DISTRICT - 574 243.
3. TAHASILDAR BANTWAL TALUK, D.K.DISTRICT - 574 211.
4. THE ASSISTANT COMMISSIONER MANGALURU, D.K.DISTRICT - 575 001. ... RESPONDENTS (BY SRI T.S.MAHANTESH, AGA FOR R2, R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE 4TH RESPONDENT DATED 18.03.2018 VIDE ANENXURE-A.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The legal representatives of deceased respondent No.3 in R.R.T./S.R:115/2018-19 on the file of the Assistant Commissioner, Mangaluru, D.K. District, have come up in this writ petition impugning the interim order dated 18.03.2018 passed in the aforesaid proceedings.
2. Admittedly, the proceedings in R.R.T./S.R:115/2018-19 is under Section 136(2) of the Karnataka Land Revenue Act, 1964, filed by respondent No.1 herein seeking to quash the order dated 19.03.2003 passed in proceedings bearing MTN 138/2002-03 by respondent No.2-Revenue Inspector, Vitla, D.K. District.
3. After hearing the learned counsel for the petitioners, this Court is of the considered opinion that question of interfering with the interim order in this writ petition, at this juncture, does not arise. Hence, this writ petition is disposed of with a direction to respondent No.4-Assistant Commissioner, Mangaluru, D.K. District, to dispose of the proceedings pending before him in R.R.T./S.R:115/2018-19 within three months from the date of receipt of certified copy of this order.
4. Learned AGA to file memo of appearance within two weeks.
Sd/- JUDGE TL