Mohammed Faizuddin And Anr vs The Secretary And Ors on 25 November, 2016

[Cites 4, Cited by 2]

Karnataka High Court

Mohammed Faizuddin And Anr vs The Secretary And Ors on 25 November, 2016

Bench: A.N.Venugopala Gowda

                             1




          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

     DATED THIS THE 25TH DAY OF NOVEMBER, 2016

                         BEFORE

THE HON'BLE MR.JUSTICE A.N.VENUGOPALA GOWDA

          W.P.Nos.205512-13/2016 (KLR-CON)

BETWEEN:

1.    Mohammed Faizuddin
      S/o Mohammed Nooruddin Qazi
      Age: Major, occ: Agriculture
      R/o H.No.7-964/1/75, Noormanzil
      Near Jawar-e-Hind School
      Gesudaraz Colony, Naya-Mohalla
      Kalaburagi

2.    Muhammed Iqbal
      S/o Muhammed Moosa
      Age: Major,Occ: Agriculture
      R/o Zain Manzil, Plot No.4
      Sy.No.21/3, Umar Colony
      Azadpur Road, Kalaburagi
                                          ... Petitioners

(By Sri Liyaqat Fareed Ustad, Advocate)


AND:

1.     The Secretary to the
       Government of Karnataka
       Dept. of Revenue Bangalore-06
                              2




2.    The Deputy Commissioner
      Kalaburagi- 585 101

3.    The Tahsildar
      Chitapur Taluk, Chittapur- 585 211
      Kalaburagi District
                                            ... Respondents

(By Sri A. Syed Habeeb, AGA)


      These Writ Petitions filed under Articles 226 & 227 of
the Constitution of India praying to issue the writ in nature
of    certiorari     and     quash      the     endorsement
No.KAM/BHOOMI/KYE/GRA/94/2014-15 dated 09.01.2015
and No.KAM/BHOOMI/KYE/GRA/94/2014-15/17951 dated
09/19/01.2015 passed by the respondent No.2 vide
Annexure 'E' and 'F'.

      These writ petitions coming on for preliminary
hearing this day, the Court made the following:

                          ORDER

Petitioners had made an application under Section 95 of Karnataka Land Revenue Act (for short 'the Act') before respondent No.2, to permit their agricultural property being used for non-agricultural purpose. Respondent No.2 has issued endorsement as at Annexure-F, rejecting the request for conversion of land from agricultural to non-agricultural purpose. 3 Assailing the said communication/Annexure-F, these petitions were filed.

2. Impugned endorsement can be assailed in an appeal under Section 49 of the Act before the Karnataka Appellate Tribunal, Bangalore. Permission having been sought under Section 95 of the Act and rejected, as the statue provides for alternative remedy, should be availed.

3. In view of availability of statutory remedy, which is efficacious, I decline to entertain these petitions.

Reserving liberty to petitioners to avail alternative remedy, these petitions are disposed of.

Sd/-

JUDGE Srt CT: SI

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