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2013 Supreme(Kar) 210

High Court of Karnataka (Circuit Bench At Gulbarga)
D.V. SHYLENDRA KUMAR, J.
Hanumanti & Others
Versus
The State of Karnataka represented by Deputy Commissioner Gulbarga & Others
Writ Petition Nos.100726-100731 & 100861 of 2013 (LR-RES)
Decided on: 22-03-2013

Advocates Appeared:
For the Petitioners:MD. Khadar Khan, Advocate.
For the Respondents:R1 & R2, Manavendra Reddy, Govt. Advocate.

Headnote:KARNATAKA LAND REFORMS ACT, 1961 - Sections 79-A,79-B & 83: [D.V. Shylendra Kumar,J] Locus standi - Writ Petition by Legal Representatives challenging the order of Assistant Commissioner - Neither the 3rd respondent nor the 4th respondent who suffered the adverse order had not questioned the same - Even otherwise the impugned order is appealable under Section 118 of the Act. Writ Petition dismissed.

JUDGMENT

1. These writ petitions are directed against the order dated 30.10.2012 passed by the Assistant Commissioner, Sedam in exercising his power under Section 79 (a) and 79 (b) read with Section 83 of the Karnataka Land Reforms Act, 1961 (for short 'Act'), filed by the petitioners who are not parties to the order, but claim that they are legal heirs of the third respondent who was a party to the order.

2. In the first instance the legal heirs questioning the order in the writ jurisdiction is a little farfetched and more so, when the third respondent or even the fourth respondent who has suffered that order has not questioned the same.

3. Be that as it may, even otherwise, the impugned order is appealable under Section 118 of the Act. Therefore, these writ petitions are not entertained and the same are dismissed without prejudice to the rights and remedies of the petitioners, which can be availed of elsewhere, in accordance with law.


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