IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.27886 – 27888/2018 (KLR – RES) BETWEEN:
SRI NARASIMHAPPA S/O LATE VENKATARAYAPPA, AGE 63 YEARS, R/O NO.16, JALAPATHI BEEDI, 4TH DIVISION, DEVANAHALLI TOWN, BENGALURU RURAL DISTRICT-562110. ... PETITIONER [BY SRI SHIVANANDA D.S., ADV.] AND:
1. THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF REVENUE, M.S.BUILDING, BANGALORE-560 001 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BENGALURU-560 001 3. THE ASSISTANT COMMISSIONER DODDBALLAPUR SUB DIVISION, BENGALURU-561 203 4. THE TAHSILDAR DEVANAHALLI, BENGALURU RURAL DISTRICT-562110. …RESPONDENTS [BY SRI VENKATESH DODDERI, AGA.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED OFFICIAL MEMORANDUM DATED 28.10.2011, 20.06.2016 AND 26.11.2016 ISSUED BY THE 2ND RESPONDENT AS PER ANNEXURE-J, M AND N RESPECTIVLEY AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has challenged the official memorandums dated 28.10.2011, 20.06.2016, 26.11.2016 issued by the respondent No.2 as per Annexures – J, M and N respectively to the writ petitions, whereby the orders are passed by the respondent No.2 under Section 71 of the Karnataka Land Revenue Act, 1964 (‘Act’ for short) reserving part of the land in question for certain purposes.
2. It is not in dispute that the orders impugned herein are appealable and the petitioner has rushed to this Court without availing the alternative and efficacious remedy available under the Act. On this ground alone, the writ petitions are not maintainable.
Accordingly, the writ petitions stand dismissed with liberty to the petitioner to resort to appropriate proceedings in accordance with law.
Sd/- JUDGE PMR