Disposed

Nandappa v. the State of Karnataka

Karnataka HC12 Jul 2021WP/7172/2020

Case brief

AI extract

What is this about?

The Karnataka High Court disposed of a writ petition seeking to quash revenue department orders. The petitioner was granted leave to withdraw the petition with liberty to challenge the orders via the proper appellate remedy before the Karnataka Appellate Tribunal.

What did the court decide?

Petition disposed as withdrawn with liberty to question the impugned orders in a revision petition under Section 56 of the Karnataka Land Revenue Act, 1964.

Nandappa Vs the State of Karnataka — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF JULY 2021

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO.7172/2020 (KLR - RES)

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BETWEEN

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SRI NANDAPPA, S/O KERIYAPPA, AGED ABOUT 45 YEARS, R/AT HALE JOLADAGUDDE, MAJARE, CHANDRAGUTTI HOBLI, SORAB TALUK, SHIMOGA DISTRICT – 577 429.

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...PETITIONER

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(BY SRI. RAMACHANDRA R NAIK, ADVOCATE)

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AND

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THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, BY ITS PRINCIPAL SECRETARY, M S BUILDINGS, DR. AMBEDKAR VEEDI, BANGALORE – 560 001.

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THE DEPUTY COMMISSIONER, SHIMOGA DISTRICT, SHIMOGA – 577 201.

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THE ASSISTANT COMMISSIONER, SAGAR SUB DIVISION, SAGAR – 577 401.

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TAHASILDAR AND SECRETARY, COMMITTEE FOR REGULARIZATION OF

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UN-AUTHORIZED CULTIVATION OF GOVT. LAND, SORAB TALUK – 577 429, SHIMOGA DISTRICT.

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….RESPONDENTS

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(BY SRI.R.SRINIVASA GOWDA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT OR ORDER IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT TO QUASH THE IMPUGNED ORDERS IN NO. BHUMI (2) VIVA 137/2017-18 DATED 07.02.2019 PASSED BY THE RESPONDENT NO. 3 VIDE ANNEXURE – D; ISSUE APPROPRIATE WRIT OR ORDER IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPIRATE WRIT TO QUASH THE IMPUGNED ORDER DATED 23.12.2019 IN RA 7/2019 (RD/00/50000/220807) PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE – E AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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The petitioner has impugned the order dated 07.02.2019 by the Assistant Commissioner, Sagara Sub-division, Sagara [the third respondent] in No. Bhoomi (2) Vi.Va 137/2017-18 and the order dated 23.12.2019 in R.A.No.7/2019 by the Deputy

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Commissioner, Shimoga District [the second

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respondent].

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The learned Additional Government Advocate submits that the Assistant Commissioner’s impugned Order dated 07.02.2019 is under Rule 108K of the Karnataka Land Revenue Rules, 1966 and the Deputy Commissioner’s order dated 23.12.2019 is in appeal under Section 49 of the Karnataka Land Revenue Act, 1964. The petitioner has an alternative remedy before the Karnataka Appellate Tribunal under Section 56 of the Karnataka Land Revenue Act, 1964.

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The learned counsel for the petitioner, in response, seeks leave to withdraw this petition with liberty to call in question of the impugned orders in properly instituted proccedings before the Karnataka Appellate Tribunal under Section 56 of the Karnataka

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Land Revenue Act, 1964 and seek exclusion of time spent in prosecuting the present petition.

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In the facts and circumstances of the case, the petition stands disposed of as withdrawn with liberty to the petitioner, subject to all the just exceptions in law, to call in question the impugned order in a properly instituted revision petition under Section 56 of the Karnataka Land Revenue Act, 1964 and to seek exclusion of the time in prosecuting the revision petition.

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Sd/JUDGE

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mbb

Nandappa v. the State of Karnataka

Case brief

What is this about?

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Nandappa v. the State of Karnataka

Case brief

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