Writ petition filed under Articles 226 and 227 of the Constitution of India to quash an endorsement dismissing an appeal for condonation of delay was dismissed at preliminary hearing, reserving liberty to approach higher courts.
Petition dismissed reserving liberty to challenge impugned order in higher courts.
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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 6TH DAY OF SEPTEMBER, 2019
BEFORE
THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV
WRIT PETITION NO.112957 OF 2019 (KLR,RR-SUR)
BETWEEN
SRI.SURESH S/O GIVIND KANDEKAR AGE: 70 YEARS, OCC: AGRICULTURE, R/O: MASALIKATTI VILLAGE, TQ: KALAGHATAGI, DIST: DHARWAD.
... PETITIONER
(BY SRI. H M DHARIGOND, ADV.)
AND
... RESPONDENTS
(BY SRI.V.S.KULKARNI, AGA)
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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 07.04.2014 ISSUED BY THE SECOND RESPONDENT UNDER NO.RTS/CR/85/13-14 VIDE ANNEXURE-D.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT, MADE THE FOLLOWING:
ORDER
The petitioner has challenged the order at Annexure-D dated 07.04.2014, whereby the Assistant Commissioner, Dharwad has dismissed the appeal observing that no case is made out for condonation of delay of 29 years.
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to the petitioner to challenge the impugned order in accordance with law.
this Court will be taken note of while considering the delay in challenging the impugned order.
Sd/JUDGE
Hmb
3 issues framed by the court
Whether writ petition challenging endorsement dated 07.04.2014 dismissing appeal for condonation of delay can be entertained at preliminary hearing.
Whether time taken for prosecuting proceedings before this Court can be accommodated for delay in challenging impugned order.
Whether petitioner is permitted to avail statutory remedies against impugned order.
2 provisions across 1 enactments
Sri. Suresh S/O Givind Kandedkar
The State of Karnataka
Assistant Commissioner Dharwad
Tahasildar Kalaghatagi
Revenue Inspector Kalaghatagi
S. Sunil Dutt Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
