IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 26TH DAY OF APRIL, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH WRIT PETITION NO.38973 OF 2011(KLR-RR/SUR) BETWEEN:
SRI VITTALA MALAKUDYA AGED ABOUT 49 YEARS, S/O KOOKRA MALAKUDYA, RESIDING AT PERADKA NIVAS, GIRIJANA COLONY, MALA VILLAGE, KARKALA TALUK, UDUPI DISTRICT.
...PETITIONER (BY SRI VIJAY KRISHNA BHAT, ADVOCATE) AND:
1. THE DEPUTY COMMISSIONER OF UDUPI DISTRICT, UDUPI.
2. THE ASSISTANT COMMISSIONER KUNDAPURA.
3. THE TAHSILDAR KARKALA TALUK, KARKALA.
4. SMT.V.JAYASHREE AGED ABOUT 49 YEARS, W/O BHASKAR, D/O N.SHANKARA KURP, BANDIMATA, KARKALA KASABA VILLAGE, KARKALA TALUK, UDUPI DISTRICT.
5. SMT.SUVARNA N.JOSHY AGED ABOUT 46 YEARS, W/O NARAHARI JOSHY, RESIDING AT PARADKA, PHALAVADI, MALA VILLAGE, KARKALA TALUK, UDUPI DISTRICT. ... RESPONDENTS (BY SRI T.S.MAHANTHESH, AGA FOR R1 TO R3 SRI K.CHANDRANATH ARIGA, ADVOCATE FOR R4 & R5) ***** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 7.2.2011 PASSED BY THE 1ST RESPONDENT IN PROCEEDING VIDE ANNEXURE-L ETC., THIS WRIT PETITION COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The impugned order dated 07.02.2011, vide Annexure-L, is an order passed by the Deputy Commissioner, under Section-50 of the Karnataka Land Revenue Act, 1964 (for short ‘Act’).
2. The respondents plead a primary objection with regard to the maintainability of the writ petition, on the ground that the impugned order is revisable before the Karnataka Appellate Tribunal under Section-56 of the Act.
3. There is no opposition to such a plea by the petitioner.
4. Hence, in view of the availability of an alternate and efficacious remedy, it is inappropriate for this Court to entertain this petition. Consequently, the writ petition is dismissed, with a liberty to the petitioner to file a revision before the Karnataka Appellate Tribunal under Section–56 of the Act.
5. If such a revision is filed within a period of eight weeks from the date of receipt of the order, the Karnataka Appellate Tribunal to consider the time spent by this Court while considering the application for condonation of delay.
SD/- JUDGE JJ