IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.52915/2018 & 1060/2019 (LR) BETWEEN:
SRI SURESH G. BHAT S/O LATE SRI GANAPATHI SUBBARAYA BHAT, AGE: 60, R/AT NO.11,"A" CROSS, WEST OF CHORD ROAD, BENGALURU-560080. ... PETITIONER [BY SRI S.V.ANGADI, ADV.] AND:
1. THE STATE OF KARNATAKA SECRETARY, REVENUE DEPARMENT, M.S. BUILDING, Dr. AMBEDKAR VEEDI, BENGALURU-560001.
2. THE ASST. COMMISSIONER BENGALURU NORTH TALUK, KANDAYA BHAVAN, K.G.ROAD, BENGALURU-560009. …RESPONDENTS [BY SRI B.S.BUDIHAL, HCGP.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BYTHE R-2 DATED 16.06.2009 VIDE ANNEX-E AS ILLEGAL UNCONSTITUTIONAL AND ULTRA- VIRES;
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned High Court Government Pleader accepts notice for the respondents.
The petitioner has challenged the order passed by the respondent No.2 dated 16.06.2009 at Annexure-E to the writ petitions.
2. The petitioner is claiming to be the legal representative of Sri Ganapathi Subbaraya Bhat – respondent No.2 in the proceedings initiated in case No.LRF (1) 435/95-96 under Sections 79(A), (B) and 80 of the Karnataka Land Reforms Act, 1961 (‘Act’ for short).
3. Learned counsel for the petitioner submits that, the appeal preferred by the petitioner before the Karnataka Appellate Tribunal is pending for consideration.
4. In such circumstances, no parallel proceedings can be initiated by the petitioner challenging the very same order, now seized of by the Karnataka Appellate Tribunal. On this ground alone, writ petitions are not maintainable.
Writ petitions stand dismissed as not maintainable.
Sd/- JUDGE PMR