IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.39125 OF 2011 (GM-CC) BETWEEN:
Sri Rangaswamynayaka S/o Ramaiah Aged abot 60 years Residing at: Punajanuru Village Chandakavadi Hobli, Chamarajanagara taluk & district.
… Petitioner (By Sri R. C. Nagaraj, Advocate - Absent) AND:
1. The Assistant Commissioner Kollegal Sub-division Kollegal, Chamarajanagar District.
2. The Tahasildar Chamarajanagar taluk Chamarajanagar district.
3. State of Karnataka By it’s Secretary, Revenue Department M. S. Buildings, Bangalore – 560 001.
4. Salik S/o Abdul Khadar Residing at:
Angari Palayam Street Tirpur Town, Pelidam Taluk Coimbatore district. … Respondents (By Sri C. Jagadish – Spl. Counsel for R-1 to R-3;
Smt Divya Krisha – Adv., for Smt Vanita K.A. Adv., for R-4) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order passed by the learned Assistant Commissioner, Kollegal Sub Division, Kollegal, Chamarajanagar District, in case No. M.A.G.C.R.10/2010-
11 dated 30.08.2011, vide Annex-J and order passed by the Tahasildar, Kollegal, Chamarajanagar, dated 21.8.2009 vide Annex-B.
This Writ Petition coming on for Preliminary Hearing this day, the Court made the following:-
ORDER Sri C. Jagadish, Special Counsel for Respondents 1 to 3. Smt Divya Krisha, Advocate for Smt. Vanita K.A. Advocate for Respondent No.4.
2. In this petition the petitioner seeks for quashment of the order dated 30.8.2011 passed by the Assistant Commissioner, Kollegal Sub-Division, Kollegal, Chamarajanagar District.
3. Even though the petitioner has remained absent, the petition is admitted for hearing in view of the submission made by the learned Special Counsel for respondents 1 to 3.
4. The learned Special Cousnel submitted that the petitioner has got an alternative and efficacious remedy of filing a revision against the order impugned herein before the Deputy Commissioner under Section 4-F of the Karnataka Scheduled Caste and Scheduled Tribe and other Backward Classes (Reservation of Appointments etc,) Act, 1990.
5. In view of the said submission of the learned Special Cousnel for respondents 1 to 3, I am not inclined to entertain this writ petition.
6. Accordingly, the writ petiiton is disposed of with liberty to the petitioner to file a revision before the Deputy Commissioner against the order impugned herein, within one month from the date of receipt of the certified copy of this order. If a revision is filed by the petitioner within the time stipulated, the Deputy Comssioner shall decide the same in accordance with law by a speaking order after affording an opportunity of hearing to the petitioner.
Office is directed to transmit a copy of this order to the petiitoner forthwith.
Sd/- JUDGE rs