Karnataka High Court
Sri Karunakara vs The Deputy Commissioner on 4 January, 2024
Bench: Chief Justice, Krishna S Dixit
-1-
NC: 2024:KHC:355-DB
WA No. 1577 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT APPEAL NO. 1577 OF 2023 (KLR-RES)
BETWEEN:
SRI. KARUNAKARA,
S/O LATE DHARMANNA BANDARY,
AGED ABOUT 51 YEARS,
R/AT ADELU HOUSE, KUVETTU VILLAGE,
BELTAHANGADY TALUK,
DAKSHINA KANNADA - 574 217.
...APPELLANT
(BY SRI. SHIVARAMA BHAT O.,ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER,
Digitally signed MANGALURU,
by SHARADA
VANI B DAKSHINA KANNADA - 575 001.
Location: HIGH
COURT OF 2. THE ASSISTANT COMMISSIONER,
KARNATAKA
PUTTUR SUB DIVISION,
PUTTUR - 574 201.
3. THE TAHSILDAR,
BELTHANGADY TALUK,
DAKSHINA KANNADA - 574 217.
4. THE REVENUE INSPECTOR,
BELTHANGADY TALUK,
DAKSHINA KANNADA - 574 217.
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NC: 2024:KHC:355-DB
WA No. 1577 of 2023
5. SRI. RAMESH GOWDA,
S/O RAJAPPA GOWDA,
AGED ABOUT 39 YEARS,
R/AT PRAKRUTHI NIVASA,
PANAJALU KUVETTU VILLAGE,
GURUVANAYAKERE POST,
BELTHANGADY TALUK,
DAKSHINA KANNADA - 574 217.
...RESPONDENTS
(BY SMT.NILOUFER AKBAR., AGA FOR R1 TO 4)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
08.11.2023 PASSED BY THE LEARNED SINGLE JUDGE OF THIS
COURT IN WP No-24428/2023 BY ALLOWING THIS WRIT
APPEAL WITH COSTS THROUGH OUT AND GRANT SUCH OTHER
AND FURTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT
AND PROPER UNDER THE CIRCUMSTANCES OF THIS CASE IN
THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGEMENT
This intra-court appeal seeks to lay a challenge to a learned Single Judge's order dated 08.11.2023 whereby the appellant's W.P.No.24428/2023, learned Single Judge has denied relief to him on the ground that disputed questions of facts are involved and therefore, he can work out his remedy by approaching the competent civil court.
2. Having heard the learned counsel for the appellant and the learned Additional Government Advocate -3- NC: 2024:KHC:355-DB WA No. 1577 of 2023 appearing for the official respondents and having perused the appeal papers, we are not inclined to grant indulgence in the matter being broadly in agreement with the reasoning of the learned Single Judge. It hardly needs to be stated the grievance ventilated by the appellant in his writ petition can have redressal at the hands of ordinary civil court vide a Constitution Bench decision of the Apex Court in Dhulabhai vs. State of Madhya Pradesh, AIR 1969 SC 78. If such a comprehensive suit is instituted, the same shall be tried and disposed off expeditiously.
In the above circumstances, this appeal being devoid of merits is liable to be and accordingly dismissed, costs having been made easy.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE Snb, List No.: 1 Sl No.: 27