Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3625-DB WA No. 1858 of 2016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T WRIT APPEAL NO. 1858 OF 2016 (KLR-RES) BETWEEN:
SRI. ASHWATHA RAMEGOWDA AGED ABOUT 62 YEARS S/O LATE VENKATARAMANAPPA R/AT MUDDINAPALYA GIDADAKONENAHALLI DAKHALE VISHWANEEDAM POST BANGALORE-560 091.
…APPELLANT (BY MS. DEEPIKA – ADVOCATE FOR SRI. PRAMODA K - ADVOCATE) AND:
1.
STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S.BUILDING DR. AMBEDKAR ROAD BANGALORE-560 001 REP. BY ITS PRINCIPAL SECRETARY.
2.
THE JOINT DIRECTOR OF LAND RECORDS OFFICE OF THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT KANDAYA BHAVAN, K.G.ROAD BANGALORE-560 009.
3.
THE ASSISTANT DIRECTOR OF LAND RECORDS OFFICE OF THE ASST.COMMISSIONER
Digitally signed by SUMATHY KANNAN Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:3625-DB WA No. 1858 of 2016
(LAND SURVEY SECTION) BANGALORE NORTH SUB DIVISION, KANDAYA BHAVAN, K.G.ROAD BANGALORE-560 009.
4.
THE TAHSILDAR BANGALORE NORTH TALUK KANDAYA BHAVAN K.G.ROAD BANGALORE-560 009.
5.
SRI NAGARAJ M G S/O GAVIYAPPA R/AT MUDDINAPALYA GIDADAKONENAHALLI DAKHALE VISHWANEEDAM POST BANGALORE-560 091. …RESPONDENTS (BY SRI. HARISHA A S – AGA FOR RESPONDENTS NO.1 TO 4; SRI. SATISH M DODDAMANI – ADVOCATE FOR RESPONDENTNO.5)
THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER PASSED IN THE WRIT PETITION NO.27909/2016(KLR- RES) DATED 10/05/2016.
THIS WRIT APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR AND HON'BLE MR JUSTICE VENKATESH NAIK T
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NC: 2025:KHC:3625-DB WA No. 1858 of 2016
ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR)
Learned counsel Ms.Deepika for the appellant is present before the Court physically and represents Sri Pramoda K. She submits that the counsel for the appellant has written letter to the appellant to retire from the case and acknowledgement has not been received. She has filed a memo to that effect. The memo is taken on record. However, counsel for the appellant is permitted to retire from the case and the same does not come in deciding this writ appeal.
2. Learned AGA for respondent Nos.1 to 4 is present before the Court physically.
3. Whereas learned Senior Counsel Sri Satish M.Doddamani for respondent No.5 is present before the Court physically and submits that the issues are in narrow compass and he is ready to address arguments. He refers to paragraph 2 of the order passed by the learned single Judge in W.P.No.27909/2016 (KLR-RES) dated 10.05.2016 wherein it is observed that the impugned order is passed
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NC: 2025:KHC:3625-DB WA No. 1858 of 2016
by the second respondent. In terms of the impugned
order, an appeal is provided for, under Section 49 of the Karnataka Land Revenue Act, 1964. In view of the existence of an alternate and efficacious remedy, it would be inappropriate to entertain this writ petition.
4. Having regard to the observation made by the learned single Judge in the impugned order, this writ appeal does not survive for consideration. Accordingly, the writ appeal is dismissed with a liberty to the appellant to file an appeal in accordance with the relevant provisions of Karnataka Land Revenue Act, 1964.
Consequence upon disposal of the appeal, if any, application is pending, the same shall stand disposed of.
SD/- (K.SOMASHEKAR) JUDGE
SD/- (VENKATESH NAIK T) JUDGE
DKB