Sri B D Mukunda vs The State Of Karnataka
2021 Latest Caselaw 72 Kant

                         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)
                        ---
     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

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

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

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/-