IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3rd DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE B.S. PATIL WRIT PETITION NO.28679/2017 (LR-Res) BETWEEN:
Sri Ummar s/o Moyin Kaka Aged about 53 years r/at Karkadi Jadnal Village Kundapura Taluk Udupi District – 576 201. .. Petitioner (By Sri Girish M K, Adv.) AND:
1. The State of Karnataka Represented by its Principal Secretary Department of Revenue M.S.Building Dr.Ambedkar Veedhi Bengaluru – 560 001.
2. The Authorised Officer and Assistant Commissioner Kundapura Taluk Udupi District – 576 201. … Respondents (By Smt B P Radha, AGA ) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order passed by second respondent in proceedings LRF: 2077/98-99 dated 24.10.2016 vide Annexure A.
This Petition coming on for preliminary hearing this day, the Court made the following:-
O R D E R Admittedly, there is a provision for appeal provided under Section 118(2) of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as ‘The Act’ for short) against the impugned order passed by the second respondent – Authorised Officer, exercising his powers under Section 77(A) of the Act. Therefore, the Writ Petition cannot be entertained.
2. Hence, reserving liberty to the petitioner to approach the Karnataka Appellate Tribunal which is the appellate authority, by filing an appeal as per Section 118(2) of the Act, this Writ Petition is dismissed.
3. Learned Additional Government Advocate is permitted to file memo of appearance for the respondents within three weeks.
Sd/- JUDGE Brn