IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NOs.29616/2018 & 30933/2018(KLR-RR/SUR) BETWEEN 1. SRI NARASIMHA MURTHY AGE: 65 YEARS S/O KARIGIRIYAPPA, 2. SRI. KANTHARAJU AGED ABOUT 43 YEARS, S/O LATE KARIGIRIYAPPA, BOTH PETITIONERS ARE R/AT HANCHIHALLI, KASABA HOBLI, KORATAGERE TALUK TUMAKURU DISTRICT-572129 ... PETITIONERS (BY SRI CHANDRAIAH, ADVOCATE) AND 1. THE TAHSILDAR OFFICE OF THE TAHSILDAR KORATAGERE, KORATAGERE TALUK TUMAKURU DISTRICT-572129 2. STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560 001 REPRESENTED BY ITS SECRETARY 3. SRI. THIMMA DASAIAH AGED 50 YEARS S/O LATE DASAPPA, DINNEPALYA, KASABA HOBLI, KORATAGERE TALUK TUMAKURU DISTRICT-572129 4. SRI.H.B. NARASIYAPPA, urf CHIKKANARASAPPA AGED 70 YEARS S/O LATE GOVINDAPPA 5. SRI. YOGANNA AGED 33 YEARS S/O LATE MARIYAPPA 6. SRI. BOGANNA AGED 28 YEARS S/O LATE MARIYAPPA RESPONDENTS 4 TO 6 ARE RESIDING AT HANCHIHALLI, KASABA HOBLI, KORATAGERE TALUK TUMAKURU DISTRICT-572129 ... RESPONDENTS (BY SRI VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOs.1 AND 2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS TO THE RESPONDENT-1 TO COMPLY THE ORDERS DATED 28.11.2016 PASSED IN DISPUTE No.RRT(A)285/07-08 & RRT (A) 284/07-08 BY THE ASSISTANT COMMISSIONER, MADHUGIRI SUB-DIVISION, MADHUGIRI, TUMAKURU DISTRICT, ANNEXURES-A & B IMMEDIATELY AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Additional Government Advocate takes notice for respondent Nos.1 and 2.
2. Petitioners herein are impugning Annexures ‘A’ and ‘B’, which are orders of even date i.e., 28.11.2016 passed by the Assistant Commissioner of Madugiri sub-division, Madugiri, in proceedings Nos.RRT(A).285/2007-08 and RRT(A).284/2007-08 respectively. Admittedly, the said Authority which has passed the orders impugned is not a party to these petitions.
3. The orders impugned are passed under Section 136(2) of the Karnataka Land Revenue Act, 1964, and same are revisable before the Deputy Commissioner, Tumakuru.
4. Hence, these writ petitions are premature in nature and accordingly, same are disposed of with liberty to the petitioners to take up the impugned orders in revision petition/s before the competent authority.
5. Learned Additional Government Advocate is directed to file his memo of appearance within two weeks from today.
Sd/- JUDGE sma