The Court dismissed the writ petition, holding that the petitioner has an alternative remedy of appeal under Section 49 of the Karnataka Land Revenue Act, 1964. Liberty was granted to file the appeal without limitation bars.
Petitioner granted liberty to file appeal within eight weeks without limitation bars.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF OCTOBER, 2022
BEFORE
THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.48019 OF 2018 (KLR-CON)
BETWEEN:
H.B. GOPAL S/O LATE H BHADRAIAH AGED ABOUT 75 YEARS, R/O DOOR NO.1371 RAJAKUMAR NAGARA, KUNIGAL - 572 130 TUMAKURU DISTRICT
…PETITIONER
(BY SRI. T. GOVINDARAJA, ADVOCATE)
AND:
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THE RESPONDENTS NO.2 TO 5 ARE NOW RESIDING AT NO.295, 9TH MAIN, MILK COLONY, MALESHWARAM BENGALURU - 560 003.
6 . SRI VINAY S/O LATE KANTHARAJU SHETTY AGED ABOUT 28 YEARS, RESIDING AT CHINMAI NEW EXTENSION RAJKUMAR NAGARA KUNIGAL - 572 130 TUMAKURU DISTRICT.
…RESPONDENTS
(BY SRI. C.N.GOPI, ADVOCATE FOR R-6; NOTICE TO R5 IS H/S; V/O/DATE 04/06/2021 R2 STANDS ABATED; NOTICE TO R3 AND R4 ARE D/W)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD3.12.2014 IN ANNEXURE-J AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The Tahasildar vide impugned order (Annexure-J) had
stated that petitioner has got remedy of appeal under Section 49 of the Karnataka Land Revenue Act, 1964, the
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essential dispute being founded on conversion order dated 14.07.2014.
In view of the above, writ petition is disposed off reserving liberty to the petitioner to avail the remedy of appeal within eight weeks. All contentions having kept open.
If appeal is filed within eight weeks, the same shall not be negatived on the ground of delay & latches. This subject limitation is prescribed by this Court since
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admittedly the petitioner was not a party to the conversion
proceedings.
No costs.
Sd/JUDGE
DS
2 issues framed by the court
Whether the writ petition should be dismissed as the petitioner has an alternative remedy of appeal under Section 49 of the Karnataka Land Revenue Act, 1964.
Whether limitation should bar the petitioner from filing the appeal given the petitioner was not a party to the conversion proceedings.
Colour shows how this judgement treated each authority
RADHA KRISHNA INDUSTRIES VS. STATE OF HIMACHAL PRADESH, 2021 SCC Online SC 334Relied on¶29
2 provisions across 2 enactments
H.B. GOPAL
THE DEPUTY COMMISSIONER TUMAKURU
SMT. H.B. VASANTHA
SMT. LILAVATHI
SRI. H.B. SHANTHA
SMT. JAYAMMA
KRISHNA S.DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
