Sri B K Parthasarathi Bhat vs The Assistant Commissioner on 29 August, 2017

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Karnataka High Court

Sri B K Parthasarathi Bhat vs The Assistant Commissioner on 29 August, 2017

Bench: B.S.Patil

                                1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 29TH DAY OF AUGUST, 2017

                            BEFORE

            THE HON'BLE MR.JUSTICE B.S.PATIL

              W.P.Nos.36028-30/2017 (LR-RES)

BETWEEN

1.     SRI B.K.PARTHASARATHI BHAT,
       S/O LATE B.KRISHNA BHAT,
       R/AT NO.2/1, J.P.ROAD, 1ST PHASE,
       GIRINAGAR,
       BENGALURU-560 085.

2.     SRI.B.K.VISWANATH
       AGED ABOUT 52 YEARS
       S/O LATE B.KRISHNA BHAT
       NO.399, J.P.ROAD,
       GIRINAGAR,
       BENGALURU-560 085.

3.     SMT.B.K.TARA
       D/O LATE B.KRISHNA BHAT,
       W/O M.SUNDARESH
       NO.20, 4TH MAIN
       5TH A CROSS,
       GIRINAGAR,
       BENGALURU-560 085.                  ... PETITIONERS

(By Sri K.SUMAN, ADV.)


AND

1.     THE ASSISTANT COMMISSIONER,
       BENGALURU SOUTH SUB DIVISION,
       BENGALURU-09.

2.     THE TAHSILDAR
       BENGALURU SOUTH TALUK,
       BENGALURU-09.
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3.   STATE OF KARNATAKA
     BY ITS PRINCIPAL SECRETARY
     REVENUE DEPARTMENT
     VIDHANA SOUDHA, VIDHANA VEEDHI,
     BENGALURU-01.                   ... RESPONDENTS

(By Smt.B.P.RADHA, AGA)


      THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH/
SETTING ASIDE THE ORDER DATED 18.9.2001 PASSED BY R-1 IN
PROCEEDINGS AT ANENX-E IN SO FAR AS IT RELATES TO THE
LANDS IN SY.NO.255 OF HALAGEVADERAHALLI VILLAGE,
KENGERI HOBLI, BANGALORE SOUTH TALUK, MEASURING 20
GUNTAS, AS ARBITRARY, ILLEGAL AND UNJUST; AND TO DIRECT
R-1 & 2 TO FORTHWITH DELETE THE NAME OF " GOVERNMENT "
FROM ALL THE REVENUE RECORDS AND TO ENTER THE NAME
OF THE PETITIONER NO.1 AS THE KATHEDHAR/ANUBHAVADHAR
IN ALL THE REVENUE RECORDS, INCLUDING THE PAHANI/RTC IN
RELATION TO THE LANDS IN SY.NO.255 OF HALAGEVADERAHALLI
VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK,
MEASURING 20 GUNTAS.

      THESE PETITIONS COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:



                               ORDER

1. Learned Additional Government Advocate takes notice for respondents.

2. Petitioners are calling in question order dated 18.09.2001 passed by the Assistant Commissioner, Bangalore South Sub-division, Bangalore - respondent No.1 herein insofar as it relates to land comprised in 3 Sy.No.255 measuring 20 guntas of Halagevaderahalli Village, Kengeri Hobli, Bangalroe South Taluk. Said order has been passed exercising power and jurisdiction under Section 83 of the Karnataka Land Reforms Act, 1961 (for short 'the Act') holding that sale transaction dated 28.12.1981 under which father of petitioners purchased the property was hit by the provisions of Section 79B of the Act.

3. As rightly pointed out by learned Additional Government Advocate, if at all petitioners have any grievance against the order passed by the Assistant Commissioner, they ought to have availed alternative remedy of preferring an appeal before the Karnataka Appellate Tribunal as per Section 118(2) of the Act.

4. As there is an alternative remedy provided under Section 118(2) of the Act, without going into any other aspect of the matter, these writ petitions are dismissed reserving liberty to petitioners to avail alternative remedy in accordance with law.

Learned Additional Government Advocate is permitted to file memo of appearance within three weeks from today.

Sd/-

JUDGE VP

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