Smt.Lakshmamma vs The State Of Karnataka
2023 Latest Caselaw 6303 Kant

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                                                        NC: 2023:KHC:31972-DB
                                                          WA No. 344 of 2023



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF SEPTEMBER, 2023

                                           PRESENT

                   THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE

                                              AND

                           THE HON'BLE MR JUSTICE KRISHNA S DIXIT

                            WRIT APPEAL NO. 344 OF 2023 (KLR-RES)

                   BETWEEN:

                   SMT.LAKSHMAMMA
                   W/O SRI. JOWREGOWDA
                   AGED ABOUT 70 YEARS,
                   R/AT HARIKALALE VILLAGE,
                   KASABA HOBLI, K.R PETE TALUK,
                   MANDYA DISTRICT 471 423.
                   REP BY HER GPA HOLDER,
                   SRI. RAGHU H J
                                                                 ...APPELLANT
                   (BY SRI. C S GIRISH., ADVOCATE FOR
                       SMT. BRINDA A S.,ADVOCATE)
Digitally signed
by SHARADA         AND:
VANI B
Location: HIGH     1.    THE STATE OF KARNATAKA,
COURT OF
KARNATAKA                REVENUE DEPARTMENT,
                         MULTI STORIED BUILDING,
                         BANGALORE 560 001.
                         REP BY ITS SECRETARY

                   2.    THE SPECIAL DEPUTY COMMISSIONER,
                         MANDYA DISTRICT,
                         MANDYA 571 422.

                   3.    THE TAHASILDAR,
                         KRISHNARAJPETE TALUK,
                         MANDYA DISTRICT 571 422.
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                                            NC: 2023:KHC:31972-DB
                                              WA No. 344 of 2023



4.  SRI. NARASIMHA SHETTY
    S/O CHELUVA SHETTY,
    AGED ABOUT 46 YEARS,
    R/AT HIRIKALALE VILLAGE, KASABA HOBLI,
    KRISHNARAJAPETE TALUK,
    MANDYA DISTRICT 571 423.
                                        ...RESPONDENTS
(BY SMT.NILOUFER AKBAR.,ADDL GOVERNMENT ADVOCATE
FOR R1 TO 3)

     THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT, 1961 PRAYING TO 1) TO SET ASIDE THE
IMPUGNED ORDER PASSED BY THE LEARNED SINGLE JUDGE IN
W. P. No. 11671/2022 DATED 16.06.2022 AND 2) TO PASS
ANY OTHER ORDER IN THE FACTS AND CIRCUMSTANCES OF
THE CASE AS THIS HONBLE COURT DEEMS FIT, IN THE
INTEREST OF JUSTICE.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY,
CHIEF JUSTICE DELIVERED THE FOLLOWING:

                         JUDGMENT

The appellant has preferred this intra-court appeal

aggrieved by the order dated 16.06.2022 made by the

learned Single Judge of this court whereby 4th

respondent's W.P.No.11671/2022(KLR-RES) having been

allowed, a direction is issued to the 3rd respondent-

Tahsildar to enter his name in the Revenue Records.

Appellant has filed an application in I.A.No.1/2023 for

condonation of delay and she also seeks leave to

NC: 2023:KHC:31972-DB WA No. 344 of 2023

prosecute the appeal, since she was not made a party to

the subject writ petition.

2. Learned counsel for the appellant argues that the

appellant is the grantee of the land in question for a price

paid and that she has been in the possession of the same

since six decades or so. The 4th respondent herein has

secured the impugned order from the hands of learned

Single Judge without arraying the appellant as a party and

he came to know of the said order only after receiving

Tahsildar's notice dated 05.12.2022 inasmuch as the same

has been referred to therein. He further submits that

immediately thereafter he has made arrangement for filing

of this appeal.

3. Learned Additional Government Advocate on

request appearing for the official respondents opposes the

petition contending that the challenge to the impugned

order is structured on certain aspects which did not fall for

consideration at the hands of learned Single Judge and

therefore the appellant should be relegated to the remedy

NC: 2023:KHC:31972-DB WA No. 344 of 2023

of review in the light of observations of the Apex Court in

SHIVDEO SINGH & OTHERS vs. STATE OF PUNJAB &

OTHERS, AIR 1963 SC 1909. At this stage, the counsel

for the appellant prayed for the leave to withdraw the

appeal with liberty to pursue the other remedy as

indicated in the said ruling. This is not opposed by the

learned Additional Government Advocate.

In view of the above, leave having been granted, the

appeal is disposed off as withdrawn with liberty to avail

the appropriate remedy. All contentions are kept open.

Costs made easy.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

Bsv