Karnataka High Court
Shri. Uddappa Lakkappa Dharmatti vs The State Of Karnataka on 24 September, 2024
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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NC: 2024:KHC-D:13638
WP No. 101474 of 2022
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 24TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO. 101474 OF 2022 (KLR-RR/SUR)
BETWEEN:
SHRI. UDDAPPA LAKKAPPA DHARMATTI,
AGE: 69 YEARS, OCC: AGRICULTURE,
R/O: ARBHAVI, GOKAK, TQ: GOKAK,
DIST: BELAGAVI-591 218.
...PETITIONER
(BY SRI. SANTOSH.S.HATTIKATAGI., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
BENGALURU-560 001.
2. THE JOINT DIRECTOR OF LAND RECORDS,
Digitally signed by BELAGAVI, D.C. COMPOUND, BELAGAVI,
THEJASKUMAR N
Location: HIGH TQ: AND DIST: BELAGAVI-560 001.
COURT OF
KARNATAKA
3. THE DEPUTY COMMISSIONER,
TECHNICAL ASSISTANTS AND
DEPUTY DIRECTOR LAND RECORDS,
BELAGAVI, D.C. COMPOUND, BELAGAVI,
TQ: AND DIST: BELAGAVI-560 001.
4. THE ASSISTANT DIRECTOR OF LAND RECORDS,
GOKAK, TQ: GOKAK,
DIST: BELAGAVI-560 001.
5. SHRI. ANAND VASANT DHONGRA,
AGE: 50 YEARS, OCC: AGRICULTURE,
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NC: 2024:KHC-D:13638
WP No. 101474 of 2022
R/O: H.NO.2496/B, RAVIWAR PETH,
GOKAK, TQ: GOKAK, DIST: BELAGAVI-591 218.
6. SHRI. PRASHANT VASANT DHONGRA,
AGE: 55 YEARS, OCC: AGRICULTURE,
R/O: H.NO.2496/B, RAVIWAR PETH,
GOKAK, TQ: GOKAK,
DIST: BELAGAVI-591 218.
...RESPONDENTS
(BY SRI. SHIVAPRABHU.S.HIREMATH., AGA FOR R1-R4;
SRI. SHREEHARSH.A.NEELOPANT., ADVOCATE FOR R5-R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS
UNDER:
ORAL ORDER
Sri.Santosh S.Hattikatagi., counsel for the petitioner, Sri.Shivaprabhu S.Hiremath., AGA for respondents 1 to 4 and Sri.Shreeharsh A.Neelopant., counsel for respondents 5 and 6 have appeared in person.
2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 11.01.2022 passed by the Joint Director of Land Records, Belagavi - second respondent in ¸ÀASÉå: DgïE«:J¸ïDgï/143/2021-22 vide Annexure-F. -3- NC: 2024:KHC-D:13638 WP No. 101474 of 2022
3. Heard the arguments and perused the Writ papers with care.
4. The petitioner filed an appeal before the Deputy Commissioner Technical Assistant and Deputy Director of Land Records, Belagavi under Section 49(a) of the Karnataka Land Revenue Act, 1964. The DDLR vide order dated 27.02.2020 allowed the appeal. As against the order of the DDLR, the answering respondents filed a revision under Section 56 of the Act before the Joint Director of Land Records, Belagavi. The JDLR vide order dated 11.01.2022 set aside the order dated 27.02.2020 passed by the DDLR. Hence, the petitioner has preferred the captioned Writ Petition.
Suffice it to note that as against the order passed by the Joint Director of Land Records, Belagavi, an appeal lies to the Tribunal. The petitioner without exhausting the alternate, statutory remedy hurriedly filed the Writ Petition. Therefore, this Court considers it proper to direct the petitioner to avail alternate, statutory remedy.
5. Resultantly, the Writ Petition is disposed of. -4-
NC: 2024:KHC-D:13638 WP No. 101474 of 2022 This Court has not expressed any opinion on the merits of the case.
Sd/-
(JYOTI MULIMANI) JUDGE TKN LIST NO.: 1 SL NO.: 37