Karnataka High Court
Ningaiah vs The Assistant Commissioner on 25 April, 2017
Author: Ravi Malimath
Bench: Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
ON THE 25TH DAY OF APRIL 2017
BEFORE
THE HON'BLE MR. JUSTICE RAVI MALIMATH
WRIT PETITION NO.2266 OF 2012 (KLR-RR/SUR)
BETWEEN
NINGAIAH
S/O KEMPAIAH
AGED 72 YEARS
R/AT NO.683
MANCHEGOWDANA KOPPAL
HEBBAL VILLAGE
MYSORE-570 024.
...PETITIONER
(BY SMT.P.C.VINITHA, ADV.)
AND
1. THE ASSISTANT COMMISSIONER
MYSORE SUB DIVISION
MYSORE-570 024.
2. THE TAHSILDAR
MYSORE TALUK
MYSORE DISTRICT-570 024.
3. SAVITHRAMMA
W/O LATE DODDAIAH
AGED 63 YEARS
NO.407, 2ND CROSS
MANCHEGOWDANA KOLLAL MAIN ROAD
NEAR SURYA BAKERY
MYSORE-570 024. ... RESPONDENTS
2
(BY SRI T.S.MAHANTHESH, AGA. FOR R1 & R2
SRI GIRISH K.M., ADV. FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ANNEX-B THE ORDER DATED 30.07.2011 PASSED BY R1
AND DISMISS THE APPEAL FILED BY THE R3.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The plea of the petitioner is to quash the order dated 30.07.2011 passed by the 1st respondent - Assistant Commissioner vide Annexure-B.
2. Learned Additional Government Advocate submits that the provision of revision under Section 136(3) of the Karnataka Land Revenue Act is available to the petitioner.
3. In view of the submissions made, it is inappropriate to entertain this writ petition in view of the availability of alternative and efficacious remedy. Hence, writ petition is dismissed with liberty to the petitioner to file a revision before the Deputy Commissioner under Section 136(3) of the Karnataka Land Revenue Act. If such a revision 3 is filed within a period of eight weeks from the date of receipt of a copy of this order, the Deputy Commissioner to consider the same on merits without reference to the delay.
SD/-
JUDGE PKS