BEGURHOBLL _« , BANGALORE SOUTH TALUK : * -r RES.P{}_N'DEN7E'S-- [By Sri R Ornkurnar, , " THESE I>ETnIONs ARE 'FILED UNDER.ARfII<:L'Es..:I,2e 22*? OF THE CONSTITUTION OEINDIA, pRAI{ING.'TOI,OUAsH THE ORDER DATED 22.2.2011 MMDE I-N R,A.(S).N-0.239/.2009--10 BY THE 2ND RESPONDENT, ,~As= ._'RER_ ANN'EICo'RE~I3 AND
CONSEQUENTLY TO DIRECT THE :;I».I.D” RESPONDENT TO RESTORE
THE FILE AND TO DEAL WITH’THE:1APPEAL”£N”ACCORDANCE: WITH
LAW AND E)’I’C., V G * ..
THESE i?_E2″i’I_f1’iONS ‘OOMIN’O–_ ON, “FOR PRELIMINARY
HEARING, THIS’ DAY., TIII3: FOLLOWING:
Persons’.-i’eeiiI’i«g;.difficuitjz– in,I’espect of Orders passed
by revenue Ae.iithOi%itie’s~ii’I exercisie of appellate jurisdiction
under Section Karnataka Land Revenue Act,
1964 [fo13\341*1O.I’tV,VV’ or revisional jurisdiction under
Section 136(V3}…Aof the Act, can definitely get their
by filing a suit before civil court, get
:”t.1_q’e’i_ij.riigh’_£s_ Ieseived in respect Of immovable properties fOr
the”‘-.refiecti*On of which rights in the revenue entries
H V.”statuto’rv provisions are made and if the revenue entry is
way at variance with the determination made by
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the civil court, to bring it in conformity’ .\?i;7i’:i]i “the
determination by the civil court.
2. Disputes relating to immo\}’ablie_’ p’lro}fie_rties
resolved in revenue offiCe’s,”~thoug’h 1’evein.ue.’authorities’
have the responsibility to Inain’tain-.reVen uelrecoirds for the
purpose of realizing revenue to from the owner of
the property. There is_I:’1o.VmVore significance to the khata
assigned by t_he”ifeveni1e authorities.’-…..i–
3. toythe lstatelrom such land revenue
havingbe_coine7abysIjnally~–low, it is high time such darbar
jurisdiction of revenueeiuthorities is brought to an end
and procedure ..for”‘co1Vlecting land revenue streamlined.
unfortunate our legislature is sleeping
overtAsueiifinatters and does not update the laws. We
‘V suffer laws made in a bygone era only suited to
l”V.:e».,sem-ye the requirement of a feudal state, reigning over the
— subjlects of this country by a foreign power!
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51 Our independence and our country becoming
republic will have no meaning and significancee.__if.we do
not usher in laws which meet requirementsfof ‘people
in our country and in our society, and which. resp’o’ndV’~–.
to the hopes and aspirations of 4’
6. It is high time that theihjflct on the
Karnataka Land Revenge (_3o’de,:-iii is giver: a second or
a third look and the statiitory’;provisiopnspruned to ensure
that it serves ‘t3:«;.e1′ purpose if”or”v§}hi.ch..I8:W is made.
7′. Itr.__isV”~.fo1§.:_;;;j;his.:”i1eas0r3.,W_ though the petitioner is
compiaining Certain orders passed by the
Assistant…’ hconiniissioner while exercising appellate
juirfidiction tiri’der___Liection 136(2) of the Act. I am of the
.opi-nion”~this—_is not a fit case for exercise of the
di.s’cretioria:35 Writ jurisdiction.
Exren as provided in the proviso to Section 135 of the
enactments the proper course of action is to approach
2 “the eivil court and it is for such reason, these writ
petitions are not examined any fwther but di3m3$€d at
the threshold.