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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18^TH DAY OF JANUARY, 2021

BEFORE

THE HON’BLE MR.JUSTICE P.B. BAJANTHRI

WRIT PETITION NO.15867 OF 2012 (KLR RR/SUR)

BETWEEN:

SRI. PRAKASH,

S/O. LATE CHIKKAIAH,

AGED ABOUT 50 YEARS,

R/O. ALURU VILLAGE,

ATHAGURU HOBLI,

MADDUR TALUK,

MANDYA DISTRICT.

… PETITIONER

(BY SRI. VINAY D. HOSMATH, ADVOCATE)

AND:

1.

SMT. CHIKKENNAMMA,

W/O. LATE KAPANIGOWDA,

MAJOR

2.

SMT. SUDHA,

W/O. LATE SRIKANTA,

MAJOR

3.

CHETHANA,

D/O. LATE SRIKANTA,

MAJOR

4.

SHWETHA

D/O. LATE SRIKANTA,

MAJOR

5.

SHIVANANJU,

S/O. LATE KAPANIGOWDA,

MAJOR

2

6.

SMT. SHANTHAMMA,

W/O. SHIVALINGAIAH,

MAJOR,

R/O. PALLABOOYIDODDI VILLAGE,

RAMANAGARA TALUK & DISTRICT.

7.

THE ASST. COMMISSIONER,

MANDYA SUB-DIVISION,

MANDYA.

8.

THE THASILDAR,

MADDUR TALUK,

MANDYA DISTRICT

(RESPONDENTS 1 TO 5 ARE

R/O. ALURU VILLAGE, ATHAGURU

HOBLI, MADDUR TALUK,

MANDYA DISTRICT)

(SINCE SREE SRIKANTA, RESPONDENT

NO.2 IN THE COURT BELOW IS DEAD

AND IS ALREADY LR, BROUGHT ON

RECORD IS NOT MADE PARTY)

... RESPONDENTS

(BY SRI. P.NATARAJU, ADVOCATE FOR R1,

SRI. T.L.KIRAN KUMAR, AGA FOR R7-R8,

SRI. S.NARAYAN M. NAIK, ADVOCATE FOR R2, R3 R4 AND R6)

THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS &

QUASH THE ORDER VIDE ANNEXURE-A, PASSED BY THE ASSISTANT

COMMISSIONER, R7 IN CASE NO.R.MIS.82/07-08 DATED 21.03.2011

AND QUASH THE MUTATION ORDER VIDE ANNEXURE-C, PASSED BY

THE R8 THASILDAR, DATED 10.07.2007 AND ETC.

THIS

PETITION

COMING

ON

FOR

ORDERS

PHYSICAL

HEARING/VIDEO CONFERENCING HEARING (OPTIONAL), THIS DAY,

THE COURT MADE THE FOLLOWING:-

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ORDER

In the instant petition, petitioner has prayed for the

following reliefs:-

a) A writ of certiorari quashing the order

vide

Annexure-A

passed

by

the

Assistant

Commissioner, respondent No.7 in case No.

R.Mis.82/07-08 dated 21.03.2011.

b) A writ of certiorari quashing the

mutation order vide Annexure-C passed by the

respondent

No.8-Thasildar,

vide

No.RRCR

1696/05-06 dated 10.07.2007.

c) Any other writ or order appropriate in

the circumstances of the case; and

d) Award costs.

2.

In the Deputy Commissioner’s order dated

20.12.2011 (Annexure-B) it is held that revision petition is

not maintainable before the Deputy Commissioner in terms

of the decisions in the case of Srimanmaharaja Niranjana

Jagadguru Mallikarjuna Murugharajendra Mahaswamy

Matadipathy Vs. Deputy Commissioner Coorg reported

in 1986 (1) KLJ 373: ILR 1986 KAR 1059 (DB) and in

the case of Mallegowda Vs. Channaveeregowda and

other in W.P.No.11953/2011 (KLR-RES).

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3.

Learned State counsel pointed out Full Bench

decision of this Court in the case of Sri.Ashok Vs.

Shri.Pandurang and others reported in ILR 2012 KAR

4571 where the aforesaid Division Bench decision has been

reversed which has resulted in remanding the matter to the

Deputy Commissioner, that Deputy Commissioner has

jurisdiction to entertain the petitioner’s grievance against

the Assistant Commissioner’s order. Accordingly, Annexure-

B dated 20.12.2011 passed in R.P.No.67/2011 on the file of

the Deputy Commissioner, Mandya District, Mandya is set

aside. Matter is remanded. The Deputy Commissioner,

Mandya District, Mandya is hereby directed to decide the

R.P.No.67/2011 afresh within a period of four months from

the date of receipt of this order.

Parties are hereby directed to co-operate in deciding the

aforesaid matter.

Sd/-

JUDGE

KPS