IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.55915/2018 (KLR – RES) BETWEEN:
V.G.CHANDRA S/O GANESH GOWDA, AGED ABOUT 36 YEARS, R/AT VITTALAPURA VILLAGE, BOOKANAKERE HOBLI, K.R.PET TALUK, MANDYA DISTRICT-571205. ... PETITIONER [BY SRI H.PAVAN CHANDRA SHETTY, ADV.] AND:
1. DEPUTY DIRECTOR OF LAND RECORDS MANDYA DISTRICT, MANDYA-571401.
2. ASSISTANT DIRECTOR OF LAND RECORDS PANDAVAPURA TALUK, MANDYA DISTRICT, MANDYA-571401.
3. TAHSILDAR K.R.PET TALUK, K.R.PET, MANDYA DISTRICT-571205.
4. J.P.BALARAM AGE:MAJOR, LICENSED SURVEYOR, R/AT GOVINDE GOWDA KOPAL VILLAGE, KASABA HOBLI, MANDYA DISTRICT-571205.
5. V.S.DEVE GOWDA @ RAJEGOWDA S/O LATE SUBBEGOWDA, AGED ABOUT 61 YEARS 6. PRAMILA W/O LATE KUMAR, AGED ABOUT 46 YEARS.
7. CHANDRA S/O LATE RAMAKRISHNE GOWDA, AGED ABOUT 40 YEARS 8. HARISH S/O LATE RAMAKRISHNE GOWDA, AGED ABOUT 40 YEARS RESPONDENT No.5 TO 8 ARE R/AT VITTALAPURA VILLAGE, BOOKANAKERE HOBLI, K.R.PET TALUK, MANDYA DISTRICT-571205. …RESPONDENTS [BY SRI H.VENKATESH DODDERI, AGA FOR R-1 TO R-3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE R-1 IN APPEAL NO.148/2017-18 BY ORDER DATED 07.08.2018 BY ALLOWING THE APPEAL EXERCISING POWER UNDER SECTION 49A OF KARNATAKA LAND REVENUE ACT, 1964, FOR PODI DURASTHI WITH RESPECT TO SY.NO.146/2 MENTIONED AS Nos.4 AND 5, THE PROPERTY SITUATED AT VITTALAPURA VILLAGE OF BOOKANAKERE HOBLI, MANDYA DISTRICT AND ACCORDINGLY FURTHER DIRECTED THE R-3 TAHSILDAR OF K.R.PET TO AMALGAMATION OF RTC WITH RESPECT TO SY.NO.146/2 AS PER ORIGINAL AAKHAR BANDH PRODUCED AT ANNEXURE-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Additional Government Advocate is permitted to accept notice on behalf of the respondent Nos.1 to 3.
2. Petitioner has assailed the order passed by the respondent No.1 in Appeal No.148/2017-18 dated 07.08.2018 whereby the appeal filed by the respondent Nos.4 to 8 has been allowed exercising the powers under Section 49A of the Karnataka Land Revenue Act, 1964 ['Act' for short] relating to Podi Durasthi with respect to Sy.No.146/2 mentioned as No.4 and 5, situated at Vittalapura Village of Bookanakere Hobli, Mandya District, directing the third respondent – Tahasildar, K.R.Pet to amalgamate the RTC with respect to Sy.No.146/2 as per original Akhar Bandh.
3. It is not in dispute that the order impugned herein is appealable under Section 50 of the Act. It is well settled law that no writ jurisdiction can be invoked circumventing the alternative statutory remedy available under the Act. Hence, on this ground alone, the writ petition deserves to be dismissed as not maintainable.
4. For the reasons aforesaid, writ petition stands disposed of, with liberty to the petitioner to file an appeal before the appropriate Authority in accordance with law if he so chooses, within a period of two weeks from today and if such an appeal is filed, the same shall be considered by the Appellate Authority on merits in accordance with law, without objecting to the aspect of limitation.
Writ petition stands disposed of accordingly.
Registry shall return all the certified copies/original Annexures filed by the petitioner, keeping the photocopies of the same for the record purpose.
NC.
Sd/- JUDGE