Karnataka High Court

WP/35833/2024 of SRI BASAVARAJA Vs THE PRINCIPAL SECRETARY on 31 December 2024

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2024:KHC:53323 WP No. 35833 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.35833 OF 2024 (KLR-RES) BETWEEN: 1. SRI BASAVARAJA S/O LATE MALIYAPPA AGED ABOUT 41 YEARS OCC AGRICULTURIST

Digitally signedby SHWETHARAGHAVENDRALocation: HIGHCOURT OFKARNATAKA

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 31[ST] DAY OF DECEMBER, 2024

BEFORE

THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ

-WRIT PETITION NO.35833 OF 2024 (KLRRES)

BETWEEN:

1. SRI BASAVARAJA S/O LATE MALIYAPPA S/O LATE MALIYAPPA

AGED ABOUT 41 YEARS

OCC AGRICULTURIST

R/AT CHOWDESHWARI COLONY TARIKERE TALUK CHIKKAMAGALUR DISTRICT-577157 TARIKERE TALUK CHIKKAMAGALUR DISTRICT-577157

2. SMT. MANJAMMA W/O LATE REVANNA D/O LATE MALIYAPPA, AGED ABOUT 59 YEARS, OCC HOUSE WIFE W/O LATE REVANNA D/O LATE MALIYAPPA, AGED ABOUT 59 YEARS, OCC HOUSE WIFE

R/AT K.GOLLARIHALLI VILLAGE, KADLUR, TARIKERE TALUK KADLUR, TARIKERE TALUK

CHIKKAINAGALUR DISTRICT-577157

…PETITIONERS

(BY SRI. HANUMANTHAPPA HARAVI.,ADVOCATE)

AND:

1. THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE DEPARTMENT OF REVENUE

GOVERNMENT OF KARNATAKA

M.S. BUILDING

BANGALORE-560001

2. THE DEPUTY COMMISSIONER CHIKKAMANGALUR DISTRICT, CHIKKAMANGALURU-577157. CHIKKAMANGALUR DISTRICT, CHIKKAMANGALURU-577157.

3. THE ASSISTANT COMMISSIONER TAREKERE SUB DIVISION, TARIKERE CHIKKAMAGALUR DISTRICT CHIKKAMAGALUR-577157 TAREKERE SUB DIVISION, TARIKERE CHIKKAMAGALUR DISTRICT CHIKKAMAGALUR-577157

4. TAHASILDHAR, TARIKERE TALUK CHIKKAMAGALUR DISTRICT-577157 TARIKERE TALUK CHIKKAMAGALUR DISTRICT-577157

5. THE DEPUTY TAHASILDHAR AMUTHAPURA HOBALI, TARIKERE TALUK, CHIKKAMAGALUR -577157 AMUTHAPURA HOBALI, TARIKERE TALUK, CHIKKAMAGALUR -577157

6. RAMAPPA

S/O LATE SANNAMALIYAPPA AGED ABOUT 72 YEARS, R/AT K.GOLARAHALLI VILLAGE, AJJAMPURA HOBLI AND TALUK CHIKKAMAGALUR DISTRICT-577157

7. SHEKARAPPA

S/O LATE SANNAMALIYAPPA AGED ABOUT 65 YEARS, R/AT K.GOLLARAHALLI AJJAMPURA HOBALI AND TALUK CHIKKAMAGALUR DISTRCIT-577157

8. RAJAPPA

S/O LATE SANNAMALIYAPPA AGED ABOUT 60 YEARS,

R/AT K.GOLLARAHALLI

AJJAMPURA HOBALI AND TALUK CHIKKAMAGALUR

DISTRCIT-577157

9. SMT.CHANDRAMMA W./O LATE ANANDAPPA AGED ABOUT 52 YEARS W./O LATE ANANDAPPA AGED ABOUT 52 YEARS

R/AT K.GOLLARAHALLI AJJAMPURA HOBALI AND TALUK CHIKKAMAGALUR DISTRCIT-577157

(BY SRI.MOHAMMED JAFFAR SHAH, AGA)

…RESPONDENTS

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING OF PROCEEDINGS IN RA. NO. 569/2024-25 PENDING ON FILE OF 3[RD] RESPONDENT VIDE ANNEXURE-H AND ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 3RD RESPONDENT NO TO PASS ANY ORDERS IN RA.NO. 569/2024-25 TILL DISPOSAL OF OS. NO.266/2023 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC AT TARIKERE VIDE ANNEXURE-Q AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

1. Learned Additional Government Advocate accepts notice for respondent Nos.1 to 5.

2. Notice to respondent Nos.6 to 9 is dispensed with in view of proposed order to be passed.

3. The petitioners are before this Court seeking for the following reliefs: following reliefs:

i)Issue Writ in the nature of certiorari quashing of proceedings in RA.No.569/2024-25 pending on file of 3[rd]respondent vide Annexure-H dated Nil quashing of proceedings in RA.No.569/2024-25 pending on file of 3[rd]respondent vide Annexure-H dated Nil

ii)Issue Writ in the nature of mandamus directing the 3[rd] respondent not to pass any orders in RA.No.569/2024-25 till disposal of OS. No. 266/2023 pending on the file of Senior Civil Judge and JMFC at Tarikere vide Annexure-Q. directing the 3[rd] respondent not to pass any orders in RA.No.569/2024-25 till disposal of OS. No. 266/2023 pending on the file of Senior Civil Judge and JMFC at Tarikere vide Annexure-Q.

iii)Issue a Writ or orders are directions as this Hon'ble court, deems fit under the circumstances of the case in the interest justice and equity. Hon'ble court, deems fit under the circumstances of the case in the interest justice and equity.

4. Essentially what is challenged by the petitioners is filing of regular appeal arising from the order passed in a RRT proceedings. The said proceedings being statutorily permissible, the reliefs are not sustainable.

NC: 2024:KHC:53323

WP No. 35833 of 2024

5. Reserving liberty to the petitioners to agitate all the differences in the said proceedings, the petition stands disposed of.

SD/- (SURAJ GOVINDARAJ) JUDGE

SMJ

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