Dismissed

Sri Mallasarjappa S/O Yellappa Omkar v. the State of Karnataka

Karnataka HC30 May 2023WP/100144/2023

Case brief

AI extract

What is this about?

In this writ petition filed under Articles 226 and 227 of the Constitution of India, the petitioner sought to quash an order challenging the availability of an alternative remedy. The court dismissed the petition as withdrawn with liberty to avail the alternative remedy of appeal under Section 50 of the Karnataka Land Revenue Act, 1964.

What did the court decide?

Writ petition dismissed as withdrawn with liberty to avail alternative remedy under Section 50 of the Karnataka Land Revenue Act, 1964.

Sri Mallasarjappa S/O Yellappa Omkar Vs the… — Civil Procedure and Limitation | Karnataka HC (2023)

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WP No. 100144 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 30^TH DAY OF MAY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY

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WRIT PETITION NO. 100144 OF 2023 (KLR-RES)

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BETWEEN:

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SRI. MALLASARJAPPA S/O YELLAPPA OMKAR, AGE: 68 YEARS, OCC: AGRICULTURIST, R/O. CHIVATAGUNDI, TQ: BAILHONGAL, DIST: BELAGAVI-591125.

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… PETITIONER

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(BY SRI. NARAYAN V. YAJI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S. BUILDING, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560001, R/BY ITS SECRETARY.

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Digitally signed by RAKESH S HARIHAR RAKESH Location: S High Court of Karnataka, HARIHAR Dharwad Date: 2023.05.31 12:08:54 +0530

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THE ASSISTANT COMMISSIONER, BAILHONGAL, BELAGAVI DISTRICT.

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THE TAHSILDAR, BAILHONGAL TALUK, BAILHONGAL, BELAGAVI DISTRICT.

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GURUBASAPPA S/O YELLANAGOUDA MALLUR, AGE: 47 YEARS, OCC: AGRICULTURIST, R/O. CHIVATAGUNDI, TQ: BAILHONGAL, DIST: BELAGAVI-591125.

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… RESPONDENTS

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(BY SRI. M. H. PATIL, AGA FOR R1-R3)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO

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WP No. 100144 of 2023

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ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE IMPUGNED ORDER PASSED BY THE 2^ND RESPONDENT DATED 29.04.2022 BEARING NO. RA-156/2020 VIDE ANNEXURE -G TO THE WRIT PETITION AS IT IS ILLEGAL AND UNCONSTITUTIONAL.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Learned AGA is directed to take notice for the respondent Nos.1 to 3. He has raised a preliminary objection with regard to the maintainability of the writ petition on the ground that an alternative efficacious remedy is available against the impugned order.

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Learned counsel for the petitioner after arguing the matter for some time submits that he may be permitted to withdraw the writ petition with liberty to avail the alternative remedy of appeal under Section 50 of the Karnataka Land Revenue Act, 1964.

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The said submission is placed on record.

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The petition is dismissed as withdrawn with liberty as prayed for.

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WP No. 100144 of 2023

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The Registry is directed to return the certified copy of the impugned order to the petitioner after collecting a photostat copy of the same.

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All contentions urged in the petition are kept open.

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Sd/JUDGE

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Rsh/Ct:Bck List No.: 1 Sl No.: 9

Sri Mallasarjappa S/O Yellappa Omkar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Mallasarjappa S/O Yellappa Omkar v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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