Karnataka High Court
Suman Baburao @ Vijaykumar Dadage vs The Assistant Commissioner, on 11 January, 2013
Author: Subhash B.Adi
Bench: Subhash B Adi
:1:
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 11TH DAY OF JANUARY, 2013
BEFORE
THE HON'BLE MR.JUSTICE SUBHASH B ADI
WRIT PETITION No.62976/2012 (KLR-RES)
BETWEEN
1. SUMAN BABURAO @ VIJAYKUMAR DADAGE
AGE: 50 YEARS, OCC: AGRICULTURE AND
HOUSEHOLD,
R/O. KARADAGA, TQ: CHIKODI,
DIST: BELGAUM.
2. SUNIL BABAURAO @ VIJAYKUMAR DADAGE
AGE: 23 YEARS, OCC: AGRICULTURE AND
HOUSEHOLD,
R/O. KARADAGA, TQ: CHIKODI,
DIST: BELGAUM.
3. ANIL BABURAO @ VIJAYKUMAR DADAGE
AGE: 25 YEARS, OCC: AGRICULTURE AND
HOUSEHOLD,
R/O. KARADAGA, TQ: CHIKODI,
DIST: BELGAUM.
... PETITIONERS
(By Sri.: JAGADISH PATIL, ADV.)
AND
1. THE ASSISTANT COMMISSIONER,
CHIKODI.
:2:
2. THE REVENUE INSPECTOR
SADALAGA.
3. DILIP VISHWNATH DADAGE
R/O. KARADAGA,
TQ: CHIKODI, DIST: BELGAUM.
.. RESPONDENTS
(Smt. K.Vidyavathi, AGA for R-1 and 2)
THIS PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER PASSED BY THE ASSISTANT
COMMISSIONER DTD.28.11.2011 IN NO.MISC/AP-
85/2010-11, NO.MISC/AP-86/2010-11 AND VIDE
ANNEXURE-B.
THIS PETITION COMING ON FOR HEARING ON I.A.
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
I.A.No.1/2012 is allowed. Order dated 30.10.2012 is recalled.
2. The order impugned in the writ petition is one passed under Section 136(2) which could be reviewed under Section 136(3) of the Karnataka Land Revenue Act and this aspect is also held by the Full Bench of this Court in W.P.No.67926/2011 in the case of Ashok Venkaji Kulkarni vs. Pandurang Dattu Mane. :3:
3. Petition is disposed of reserving liberty to the petitioners to file revision petition.
Smt. K. Vidyavathi, Addl. Government Advocate to take notice for the respondent 1 and 2.
Sd/-
JUDGE mkc