Petitioner, claiming to be a tenant with a pending Land Tribunal proceeding, challenged a revenue mutation order passed in favour of respondent No.4 without notice. The court held he had an efficacious remedy before the Assistant Commissioner under Section 136(2) of the Karnataka Land Revenue Act and dismissed the writ petition with liberty.
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NC: 2024:KHC:42096 WP No. 15198 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.15198 OF 2019 (KLR-RR/SUR)
BETWEEN:
…PETITIONER
(BY SRI MITHUN GERUHALLI, ADVOCATE)
AND:
Digitally signed by CHAITHANYA K Location: High Court of Karnataka
RESPONDENTS NOS.5 TO 11 ARE RESIDING AT VITTASANDRA VILLAGE BEGUR HOBLI, BENGALURU SOUTH TALUK BENGALURU.
NO.157, 7TH MAIN, OFFICIAL COLONY JAYANAGARA, 1 BLOCK EAST BENGALURU-560 011.
…RESPONDENTS
NC: 2024:KHC:42096 WP No. 15198 of 2019
(BY SRI HARISH A.S., AGA FOR R.1 TO R.3; SRI C.V. ANNAIAH, ADVOCATE FOR R.4 & R.17; SRI H.E. RAMESH, ADVOCATE FOR R.5 TO R.16.)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-A, ORDER PASSED BY THE RESPONDENT NO.3, DATED 12.10.2018 IN MR-H.35 BY MUTATING THE NAME IN FAVOUR OF THE RESPONDENT NO.4, WITHOUT ISSUING NOTICE TO THE PETITIONER THROUGH RESPONDENT NO.3 WAS AWARE OF THE PROCEEDINGS BEING PENDING BEFORE THE LAND TRIBUNAL/RESPONDENT NO.2 HEREIN IN LRF NO.2027/1974-75 VIDE ANNEXURE-D, ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
ORAL ORDER
favour of respondent No.4 and he has further alienated in favour of respondent No.17. It is submitted that on the strength of the same, respondent No.3 has passed the impugned order.
NC: 2024:KHC:42096 WP No. 15198 of 2019
SD/(M.I.ARUN) JUDGE
VMB
List No.: 1 Sl No.: 51
1 issue framed by the court
Whether the writ petition challenging the mutation order dated 12.10.2018 is maintainable when the petitioner has an alternative remedy under Section 136(2) of the Karnataka Land Revenue Act, 1964.
2 provisions across 2 enactments
Sri Rama Reddy S/o Venkatappa
State of Karnataka, represented by its Secretary, Revenue Department
The Chairman, Land Tribunal, Bangalore South Taluk
The Tahsildar, Bangalore South Taluk
Sri Girish S/o Venkataswamy
Smt. Parvathamma D/o Late Ganganna Reddy
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
