This petitioner sought a writ of mandamus directing respondents to consider a representation regarding land possession in Sy. No. 58. The Court held that the remedy lies in the Civil Court and disposed of the writ petition accordingly.
The writ petition was disposed of by permitting the petitioner to approach the competent Civil Court.
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NC: 2023:KHC:40391 WP No. 4980 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO.4980 OF 2023 (KLR-RES)
BETWEEN:
SRI. PRAKASH S/O SHIVARAMEGOWDA AGED ABOUT 54 YEARS R/AT GOLLARABEDI KASABA HOBLI PIRIYAPATANNA MYSURU DISTRICT - 571102.
…PETITIONER
(BY SRI. RAMESHA H.E., ADVOCATE)
AND:
Digitally signed by ARUN KUMAR M S Location: High Court of Karnataka
DR. AMBEDKAR ROAD, BANGALORE - 560001.
MYSURU DISTRICT - 571102.
NC: 2023:KHC:40391 WP No. 4980 of 2023
AGED ABOUT 58 YEARS, CHOUTHARU VILLAGE, KASABA HOBLI, PIRIYAPATANNA MYSURU DISTRICT - 571102.
…RESPONDENTS
(BY SRI. HARISHA A.S., AGA FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS CONSIDER THE REPRESENTATION DATED 13.05.2021 PERTAINS TO THE PETITIONER'S WHO IS IN POSSESSION IN RESPECT OF SY.NO.58 MEASURING 02 ACRE 10 GUNTA OF LAND, OF KASABA HOBLI HUNISAIGUBA GRAMA PRIYPATANNA, VIDE ANNEXURE-A AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
for the petitioner and Sri. A.S. Harisha, learned Additional Government Advocate appearing for the respondent Nos.1 to 4.
NC: 2023:KHC:40391 WP No. 4980 of 2023
representation dated 13.05.2021 in which petitioner has sought for a direction to the respondent to consider the said representation produced at Annexure-A to the writ petition, I am of the view that, the remedy available to the petitioner with regard to the grievance urged by the petitioner in the prayer, is to approach competent Civil Court.
SD/JUDGE
sac*
2 issues framed by the court
Whether the writ jurisdiction under Articles 226 and 227 of the Constitution is maintainable for the petitioner's grievance regarding land possession.
Whether the petitioner has an alternative effective remedy available in the Civil Court for the matter in dispute.
SRI. PRAKASH S/O SHIVARAMEGOWDA
STATE OF KARNATAKA
DEPUTY COMMISSIONER MYSURU
ASSISTANT COMMISSIONER PIRIYAPATANNA
TAHSILDAR PIRIYAPATANNA
E.S. INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
