IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.29363 OF 2019 (LR) BETWEEN:
SRI. VENKATESHAPPA S/O. LATE KRISHNAPPA AGED ABOUT 67 YEARS RESIDING AT RAMOHALLI VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK BANGALORE DISTRICT – 560 074 …PETITIONER (BY SHRI C.GOWRISHANKAR, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS HOUSING AND URBAN DEVELOPMENT DEPARTMENT, DR. AMBEDKAR VEEDHI BANGALORE – 560 001 2. THE ASSISTANT COMMISSIONER SUB-DIVISION RAMANAGAR SUB-DIVISION RAMANAGAR – 562 159 3. THE TAHASILDAR MAGADI TALUK MAGADI – 562 120 ... RESPONDENTS (BY SHRI Y.D.HARSHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 07.06.2017 PASSED IN AND REFUSED TO EFFECT MUTATION IN M.R.H08/2015-16 VIDE ANNEXURE-E BY THE R-2 WITH A DIRECTION TO THE RESPONDENTS TO ENTER THE NAME OF THE PETITIONER IN THE CONCERNED REVENUE DOCUMENETS IN RESPECT OF THE PROPERTY BEARING SURVEY NO.75/3 TO THE EXTENT OF 1 ACRE 21 GUNTAS IN SHANBOGANNA HALLI, KASABA HOBLI, MAGADI TALUK, RAMANAGAR DISTRICT AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri C.Gowrishankar, learned advocate for the petitioner and Shri Y.D.Harsha, learned AGA for the State.
2. Petitioner has challenged order dated 07.06.2017 in Case No.LRF79(A&B)(Ma)27/2016-17 passed by the Assistant Commissioner, Ramanagara Sub-Division, Ramanagara, for violation of Sections 79(A) & (B) of Karnataka Land Reforms Act, 1961.
3. Learned AGA raises a preliminary objection with regard to the maintainability of the writ petition, in view of the Appellate remedy available under Chapter IX, Section 118 of Karnataka Land Reforms Act, 1961.
4. In the circumstances, this petition is disposed of with liberty to the petitioner to seek Appellate remedy, if he is so advised.
No costs.
Sd/- JUDGE AV