Sri B M Muniyappa vs The State Of Karnataka on 15 February, 2017

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Karnataka High Court

Sri B M Muniyappa vs The State Of Karnataka on 15 February, 2017

Bench: Ravi Malimath

                         1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      ON THE 15TH DAY OF FEBRUARY, 2017

                   BEFORE

      THE HON'BLE Mr. JUSTICE RAVI MALIMATH

     WRIT PETITION NO.22798 OF 2010 (KLR-RES)

BETWEEN:

1.   SRI.B.M.MUNIYAPPA
     DEAD BY LR'S.

1(A) SMT.RAJAMMA
     W/O LATE B.M.MUNIYAPPA
     AGED ABOUT 72 YEARS
     R/AT NO.57, 3RD CROSS
     A.K.COLONY,
     SWIMMING POOL EXTENSION
     MALLESHWARAM
     BENGALURU - 560 003.

2.   SRI B. M. ANNAPPA,
     S/O LATE SMT. HUCHAMMA,
     AGED ABOUT 73 YEARS,
     R/AT NO.57, 3RD CROSS,
     AK COLONY,
     SWIMMING POOL EXTENSION,
     MALLESHWARAM,
     BENGALURU - 560 003.
                                     ... PETITIONERS
(BY SRI. M.SHIVAPRAKASH, ADVOCATE)
                         2


AND:

1.   THE STATE OF KARNATAKA
     REPRESENTED BY ITS
     CHIEF SECRETARY
     VIDHANA SOUDHA
     BENGALURU.

2.   THE SECRETARY
     DEPARTMENT OF REVENUE
     VIDHANA SOUDHA
     BENGALURU.

3.   THE PRINCIPAL SECRETARY
     URBAN DEVELOPMENT DEPARTMENT
     M.S.BUILDING, BENGALURU.

4.   THE COMMISSIONER
     SURVEY SETTLEMENT AND LAND RECORDS
     STATE OF KARNATAKA
     K.R.CIRCLE, BENGALURU.

5.   THE COMMISSIONER
     BRUHAT BENGALURU MAHANAGARA PALIKE
     N.R.SQUARE, BENGALURU.

6.   THE JOINT COMIISSIONER (WEST)
     BBMP, BHASHYAM PARK
     SHESHADRIPURAM
     BENGALURU.

7.   THE DEPUTY DIRECTOR
     BENGALURU CITY SURVEY
     K.R.CIRCLE, BENGALURU.
                              3


8.   THE ASSISTANT DIRECTOR OF
     SURVEY SETTLEMENT
     STATE OF KARNATAKA
     CITY SURVEY -I
     AND ENQUIRY OFFICER
     K.R.CIRCLE, BENGALURU.
                                         ... RESPONDENTS

(BY SRI.T.S.MAHANTESH, AGA FOR R-1, R-4
R-7 AND R-8
SRI.H.DEVENDRAPPA, ADVOCATE FOR
H.D.ASSOCIATES, FOR R-5 & R-6 )

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO CALL FOR ENTIRE RECORDS MAINTAINED IN THE
OFFICE OF R-6, 7 & 8 IN RESPECT OF LAND BEARING
SY. NO.20, 21 & 25 OF JAKKASANDRA ATTACHED TO
THE OFFICE OF THOTI SERVICE AND QUASH THE
IMPUGNED ENDORSEMENT AT ANNEXURE-L DATED
29.06.2010 ISSUED FROM THE OFFICE OF ASSISTANT
DIRECTOR OF LAND RECORDS AND CONSEQUENTLY TO
DIRECT THE RESPONDENTS TO ISSUE SUPERIMPOSE
REVISED SKETCH AND EXTRACT OF ENQUIRY IN
RESPECT OF LAND BEARING SY NO.20, 21 & 25 OF
JAKKASANDRA VILLAGE.

    THIS PETITION COMING ON FOR PRELIMINARY
HEAIRNG IN 'B' GROUP, THIS DAY, THE COURT MADE
THE FOLLOWING:

                        ORDER

The petitioner seeks for writ of certiorari to quash the impugned endorsement at Annexure L dated 29.06.2010 4 issued by the Assistant Director of Land Records and for consequential reliefs.

2. The learned Government Advocate submits that the said order is appealable under Section 49 of the Karnataka Land Revenue Act. In view of the availability of an alternative and efficacious remedy, it is inappropriate to entertain the petitioner. Hence the petition is dismissed with a liberty to the petitioner to file an appeal in terms of Section 49 of the Act. If such an appeal is filed within a period of four weeks from the date of receipt of copy of this order, the appellate forum to consider the same on merits without reference to the delay.

SD/-

JUDGE Ykl

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