IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.29803/2018 (KLR RR/SUR) BETWEEN:
SRI. T S ANAND, AGED ABOUT 50 YEARS, S/O. LATE. T N SHAMANNA, R/AT NO. 156, TARAHUNASE JALA HOBLI, BANGALORE-560 064. ... PETITIONER (BY SRI AJESH KUMAR S, ADVOCATE) AND:
1. THE TAHSILDAR BANGALORE NORTH (ADDITIONAL) TALUK, YELAHANKA, BANGALORE-560 064.
2. THE SPECIAL DEPUTY COMMISSIONER BANGALORE NORTH DIVISION, BANGLAORE DISTRICT, BANGALORE-560 001. ... RESPONDENTS (BY SRI VENKATESH DODDERI, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE ISSUED BY R-2 DTD 25.04.2018, ISSUED IN THE NAME OF PETITIONER'S LATE MOTHER SMT. GOWRAMMA BY THE RESPONDENTS VIDE ANNX-A.
ISSUE A WRIT OF MANDAMUS TO THE RESPONDENTS TO TAKE SUITABLE STEPS AS PER LAW.
GRANT AN INTERIM ORDER TO STAY THE IMPUGNED NOTICE ISSUED BY R-2 DTD 25.04.2018, ISSUED IN THE NAME OF PETITIONER'S LATE MOTHER SMT. GOWRAMMA BY THE RESPONDENTS VIDE ANNX-A AND ALL FURTHER PROCEEDINGS THEREOF.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner has assailed the notice dated 25.04.2018 issued in the name of petitioner’s late mother Smt. Gowramma by the respondent No.2 under Section 136(3) of the Karnataka Land Revenue Act, 1964 (‘Act’ for short).
2. The learned Additional Government Advocate has filed a memo along with enclosures submitting that a fresh notice dated 30.10.2018 has been issued under Section 136(3) read with Sec.67(2) of the Act, to enquire in the matter fixing the date of hearing on 12.11.2018. Pursuant to which, the petitioner has participated in the proceedings and the matter is pending for consideration.
3. Copies of notices as well as order sheet of the proceedings before the respondent No.2 are placed on record along with the memo.
4. Learned counsel for the petitioner does not dispute the same.
5. In view of the aforesaid, challenge made by the petitioner to the notice impugned herein dated 25.04.2018 does not survive for consideration.
All rights and contentions of the parties are left open.
With the aforesaid observations, writ petition stands disposed of, with liberty to the parties to adjudicate the matter in accordance with law.
It is made clear that no proceedings shall be continued further pursuant to the notice dated 25.04.2018, impugned herein.
Sd/- JUDGE JS/-