- 1 - NC: 2025:KHC-D:4779 WP No. 81930 of 2013 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 81930 OF 2013 (KLR-RES) BETWEEN: SHRI. BALAPPA VENKAPPA NAIK, AGE: 65 YEARS, OCC: AGRICULTURE, R/O: BHANTANUR VILLAGE, TALUK: MUDHOL, DIST: BAGALKOT. PETITIONER (BY SRI. KRISHNA KUMAR, ADVOCATE FOR SRI. SANGRAM S. KULKARNI, ADVOCATE) AND: 1. TAHASILDAR MUDHOL, TAL: MUDHOL, DIST :BAGALKOT. 2. ASSISTANT COMMISSIONER, JAMKHANDI, TAL: JAMKHANDI, DIST: BAGALKOT. 3. SHRI. LAXMAPPA S/O. BHIMAPPA MIRJI, AGE: 69 YEARS, OCC: AGRICULTURE, R/O: BHANTNUR, TAL: MUDHOL, DIST: BAGALKOT. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1 & R2; SRI. S.B. HEBBALLI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE ORDER IN L.N.D./A.P./01/12-13 DATED 10.07.2013 PASSED BY ASSISTANT COMMISSIONER, JAMKHANDI VIDE ANNEXURE-D. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:4779 WP No. 81930 of 2013 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER 1. The petitioner has approached this Court seeking issuance of writ in the nature of Certiorari to quash the order dated 10.07.2013 passed by the Assistant Commissioner, produced as per Annexure-D. 2. Heard Sri.Krishna Kumar, learned counsel for the petitioner, Sri.T. Hanumareddy, learned AGA for respondents No.1 and 2 and Sri. S. B. Hebballi, learned counsel for respondent No.3. Perused the materials on record. 3. It is stated that, respondent No.1 - Tahsildar, Mudhol, has passed the order as per Annexure-A, dated 09.05.2012, directing the petitioner to remove the obstructions on the public road. Being aggrieved by the same, the petitioner has preferred an appeal under Section 49 of the Karnataka Land Revenue Act, 1964, before the Assistant Commissioner. It is - 3 - NC: 2025:KHC-D:4779 WP No. 81930 of 2013 stated that initially, the Assistant Commissioner granted an interim order of stay in the proceedings pending before him by passing Annexure-C. By passing the impugned order at Annexure-D, dated 10.07.2013, he vacated the interim order of stay and fixed the next date of hearing as 31.07.2013. Being aggrieved by the same, the petitioner has approached this Court. 4. It is noticed that, since the petitioner had already approached the Assistant Commissioner by preferring an appeal under Section 49 of the Karnataka Land Revenue Act, Section 50 of the Karnataka Land Revenue Act provides for filing of a second appeal against any order passed by the Assistant Commissioner, to the Deputy Commissioner. Under these circumstances, the petitioner had no reason to bypass Section 50 of the Karnataka Land Revenue Act and to approach this Court directly. Secondly, the appeal before the Assistant Commissioner in - 4 - NC: 2025:KHC-D:4779 WP No. 81930 of 2013 No.LND/AP/01/2012-13, is still pending for consideration. Twelve years have already lapsed. I do not find any justification for the petitioner to file and maintain this petition, without assisting in disposal of the appeal before the Assistant Commissioner on merits. Hence, I am of the opinion that the petition is liable to be dismissed. 5. Accordingly, the petition is dismissed. Sd/- (M.G.UMA) JUDGE gab CT:ANB List No.: 2 Sl No.: 12