1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 04TH DAY OF JANUARY, 2021
PRESENT
THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA
AND
THE HON'BLE MRS.JUSTICE M.G.UMA
WRIT APPEAL NO.937 OF 2019 (KLR-RES)
BETWEEN:
SRI.B.D.MUKUNDA
S/O B.D.DEVAPPA
AGED ABOUT 67 YEARS
ATHUR VILLAGE & POST
GONIKOPPAL
KODAGU DISTRICT-571 213. ....APPELLANT
(BY SRI.H.C.PRATEEK, ADVOCATE
FOR AKS LEGAL ADVS., (VC))
AND:
1. THE STATE OF KARNATAKA
BY TAHASILDAR
VIRAJPET TALUK
KODAGU DISTRICT-571 218.
2. SRI.VOTERIRA A.VIMALPONNAPPA
S/O SRI.V.P.AIYAPPA
AGED ABOUT 42 YEARS
3. SRI.VOTERIRA A.VIRAJAPPACHU
S/O SRI.V.P.AIYAPPA
AGED ABOUT 36 YEARS
BOTH 2 & 3 ARE RESIDING AT
ATHOOR VILLAGE
PONNAMPET NAD
2
VIRAJPET TALUK
KODAGU DISTRICT-571 213.
...RESPONDENTS
(BY SMT. VANI.H, AGA, FOR R1 (PH);
SRI.T.A.KARUMBAIAH, ADV., FOR C/R3
AND ALSO FOR R2)
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THIS WRIT APPEAL IS FILED UNDER SECTION 4
OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET
ASIDE THE ORDER PASSED BY THE LEARNED SINGLE
JUDGE IN W.P.NO.35178 & 35371 / 2018 DATED
27.02.2019 AND CONSEQUENTLY ALLOW THIS APPEAL
BY SETTING ASIDE THE ORDER PASSED BY THE 1ST
RESPONDENT, PRODUCED AT ANNEXURE-E TO THE
WRIT PETITION.
THIS APPEAL COMING ON FOR ORDERS THIS DAY,
THROUGH VIDEO CONFERENCING / PHYSICAL
HEARING, NAGARATHNA J., DELIVERED THE
FOLLOWING:
JUDGMENT
We have heard Sri H.C.Pratheek, learned counsel for the appellant on behalf of M/s.AKS Legal.
2. I.A.No.2/2019 has been filed by respondents 2 & 3 seeking vacating the interim order dated 03-05-2019 passed by a coordinate Bench of this Court.
3. Learned counsel Sri T.A.Karumbaiah appearing for respondent Nos.2 and 3 submits that what was assailed in the writ petition was the order of 3 Tahsildar dated 20-03-2018(Annexure-E to the writ petitions). The writ petitions were dismissed by the learned Single Judge on 27-02-2019. Thereafter, on 01-08-2019, the appellant herein preferred an appeal under Section 49 of the Karnataka Land Revenue Act before the Assistant Commissioner, Madikeri Sub- Division, Madikeri. On the said day, the order of the Tahsildar dated 20-03-2018 impugned in the writ petitions has been stayed.
4. Learned counsel for respondent Nos. 2 and 3 submits that since the appellant has availed of the alternative statutory remedy, subsequent to the dismissal of his writ petitions by the learned Single Judge of this court. Hence, this writ appeal which was filed prior thereof, that is on 25-03-2019 has been rendered infructuous.
5. We have perused the material on record and noted the submissions of the learned counsel for respondent Nos.2 and 3.
6. Learned counsel for the appellant submits that the appeal filed by the appellant herein before the Assistant Commissioner may be disposed of on its own 4 merits, without being influenced by the order of the learned Single Judge. Learned counsel for the respondent does not contradict the aforesaid submissions.
7. In the circumstances, this appeal is disposed off by taking note of the fact that the appellant herein has preferred an appeal under section 49 of the Karnataka Land Revenue Act,1964 before the Assistant Commissioner assailing order dated 20-03-2018 passed by the first respondent Tahsildar. Being aggrieved by the dismissal of the writ petitions regarding the very same order this appeal has been filed. We note that the appellant cannot seek dual remedies as against impugned order dated 20-03-2018, passed by the Tahsildar concerned. Hence, in view of filing of the appeal before the Assistant Commissioner, Madikeri Sub-Division, Madikeri, this appeal is rendered infructuous.
However, contentions of both sides are left open to be urged in the appeal filed by the appellant herein before the Assistant Commissioner, Madikeri Sub- Division, Madikeri. The said appeal shall be disposed of 5 on its own merits without being influenced by any observations made by the learned Single Judge in the writ petitions.
In view of the disposal of the appeal, the interim order dated 03-05-2019 is vacated. I.A.No.2/2019 is allowed.
I.A.No.3/2019 does not survive for consideration and the same is accordingly disposed of.
Sd/-
JUDGE Sd/-
JUDGE rsk/-