IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.44741/2018 (LB RES) BETWEEN:
Sri. Venkatramana Hegde, S/o Srinivasa Hegde, Aged about 45 years, R/at #14, Sriranga Nilaya, 3rd cross, ward no.13, J.C.Nagara, Kurubarahalli, Bengaluru-560085. ... Petitioner (By Sri. Diwakar K Advocate) AND:
1. State of Karnataka, Represented by its Secretary, Rural Development and Panchayat, Raj Department, M.S.Building, Bengaluru-560001.
2. Chief Exective Officer, Taluk Panchayat, Teerthalli, Shimogga District-577432.
3. Panchayat Development Officer, Gram Panchayat, Bidaragodu, Teerthalli Taluk, Shimogga District-577432.
4. Smt. Sharada, W/o Gopalkrishna Jogi, Balehalli village, Hosagadhe Post, Teerthalli Taluk, Shimogga District-577432. ... Respondents (By Sri. M.A.Subramani, HCGP for R1) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the notice dated 23.06.2018 passed by R-3 at Annexure-C cancelling the license to conduct the business of poultry farming dated 16.10.2017 and etc., This Writ Petition coming on for Orders this day, the Court made the following:
ORDER The learned Additional Government accepts notice for respondent No.1.
2. The petitioner has challenged the order at Annexure-C dated 23.06.2018, whereby the license issued to the petitioner as regards his poultry farm, has been cancelled. As there is an alternative remedy under Section 70(3) of the Karnataka Grama Swaraj and Panchayath Raj Act, 1993 (for short ‘the Act’), present petition is not being entertained.
3. Party is at liberty to exhaust the alternative remedy under Section 70(3) of the Act. In the meanwhile, the order impugned will be kept in abeyance for a period of four weeks to enable the petitioner to avail the alternative remedy.
Accordingly, writ petition is disposed of.
Sd/- JUDGE RB