Shalini D/O Ramdas vs The State Of Karnataka And Ors on 29 September, 2022

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Karnataka High Court

Shalini D/O Ramdas vs The State Of Karnataka And Ors on 29 September, 2022

Bench: H.T.Narendra Prasad

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          IN THE HIGH COURT OF KARNATAKA
                 KALABURAGI BENCH

     DATED THIS THE 29TH DAY OF SEPTEMBER, 2022

                         BEFORE

 THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD

     WRIT PETITION No.202480/2022 (SCST-PTCL)
BETWEEN:

SHALINI D/O RAMDAS (W/O SHAMAPPA)
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O NAGOORA, NOW RESIDING AT
BANK COLONY, GAMPA, BIDAR.
                                            ... PETITIONER
(BY SRI SHARANABASAPPA K. BABSHETTY, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       REPRESENTED BY PRINCIPAL SECRETARY
       DEPARTMENT OF REVENUE,
       M.S.BUILDING, BANGALORE-560001.

2.     THE ASSISTANT COMMISSIONER
       BIDAR-585401.

3.     THE TAHSILDAR, BIDAR-585401.

4.     SUSHILA W/O PRABHAKAR
       OCC: AGRICULTURE,
       R/O NAGOORA, NOW RESIDING AT
       CMC COLONY, BIDAR-585401.
                                           ... RESPONDENTS
(BY SRI SHIVAKUMAR R. TENGLI, AGA FOR R1 TO R3)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER DATED 26.12.2019 PASSED BY THE SECOND RESPONDENT
IN FILE NO.REV/PTCL/CR-01/2016-17/3548-50, VIDE ANNEXURE-L
TO THIS WRIT PETITION.
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     THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                       ORDER

In this writ petition, the petitioner has called in question the order passed by the Assistant Commissioner under Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'the Act'). Against the impugned order passed by the Assistant Commissioner, the petitioner has remedy of appeal under Section 5-A of the Act.

Since the petitioner is having an alternative and efficacious remedy of appeal, the writ petition is not maintainable. Hence, the same is dismissed.

Sd/-

JUDGE NB*

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