B.S.Kalinga Rao vs The State Of Karnataka on 9 July, 2012

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Karnataka High Court

B.S.Kalinga Rao vs The State Of Karnataka on 9 July, 2012

Bench: Huluvadi G.Ramesh

                          1

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 9TH DAY OF JULY 2012

                       BEFORE

    THE HON'BLE MR. JUSTICE HULUVADI G.RAMESH

                WP No.21688/2012 (LR)

BETWEEN :

B.S.KALINGA RAO
S/O LATE SRINIVAS RAO
AGED ABOUT 60 YEARS
R/AT No..342/1, 6TH "B" CROSS,
K.N. EXTENSION, TRIVENI ROAD,
YESHWANTHPUR, BANGALORE-80              ...PETITIONER

(By Sri K S NAGARAJA RAO & ASSOCIATES, ADVs.)

AND :

1     THE STATE OF KARNATAKA
      M.S. BUILDING
      REVENUE DEPARTMENT
      BANGALORE.

2     THE ASSISTANT COMMISSIONER
      BANGALORE NORTH TALUK
      BANGALORE

3     THE TAHSILDAR
      BANGALORE NORTH TALUK
      BANGALORE.                    ...RESPONDENTS

(By Sri SHASHIDHAR S KARAMADI, HCGP)

     The writ petition is filed under Articles 226 and
227 of the Constitution of India, praying to quash the
                                  2

order dated 11.1.2005 passed by the 2 nd respondent in
case No.LRF:83/BNA 131/2004-05 vide Annexure-K.

     This writ petition coming on for preliminary
hearing today, the Court passed the following:

                               ORDER

Learned Government Pleader is directed to take notice on behalf of the respondents.

2. Heard the learned counsel for both sides.

3. This writ petition is filed by the petitioner praying to quash the order dated 11.1.2005 in case No.LRF:83:BNA 131/2004-05 vide Annexure-K passed by the 2nd respondent/Assistant Commissioner.

4. According to the learned counsel for the petitioner, no notice has been served on the petitioner and another aspect is that there is an inordinate delay in initiating the action. Therefore, he submits that the impugned order vide Annexure-K may be quashed by allowing the writ petition.

5. The petitioner is also questioning the provisions of 3 Sections 79A and 79B of the Karnataka Land Reforms Act. Against the order of the 2 nd respondent/Assistant commissioner, an appeal is provided before the Karnataka Appellate Tribunal.

With the above observation, the writ petition is disposed of. All the contentions are left open.

Learned Government Pleader is permitted to file memo of appearance within four weeks.

Sd/-

JUDGE bkm.

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