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Judgment
Hon''ble Dr. JUSTICE K. Bhakthavatsala
The petitioner is before this Court praying for quashing the Order dated 20.07.2011 passed in RAP. No. 234/2007-08 on the file of Respondent No. 2/Deputy Commissioner, Mangalore District, Mangalore at Annexure ''E''.
The bone of contention of the learned counsel for the petitioner is that the impugned order at Annexure ''E'' has been passed without notice solely on the basis of the memo filed by the Respondent. No. 3 and apart from that the Respondent No. 2/authority has no right to grant an order of status-quo in respect of the property in question.
Sri. R. Omkumar, learned Addl. Govt. Advocate appearing for Respondents 1 and 2 submits that u/s 25 of the Karnataka Land Revenue Act, the Deputy Commissioner has got inherent power to make such orders as may be necessary for the ends of justice or to prevent the abuse of the process of the Revenue Court. Therefore, there is no illegality or infirmity in the impugned Order at Annexure ''E''.
The Ordersheet in RAP Case No. 234/2007 08 on the file of Deputy Commissioner, D.K, Mangalore reveals that solely on the basis of memo filed by the Respondent No 3, an order of status-quo has been issued without notice to the petitioner and subsequently, the Order dated 20.07.2011 came to be communicated to the petitioner as per Annexure ''E''. Since the impugned Order came to be passed exparte, the petitioner has every right to file an application for recalling the order or to vacate as the case may be. But the petitioner has not yet exhausted the remedy available before the Deputy Commissioner. Under such circumstances, there is no good ground to entertain the writ petition. Further, it is seen that the revision petition came to be filed on 20.11.2007 u/s 136(3) of the Karnataka Land Revenue Act, 1964, but it is still pending. Hence, it is a fit case to direct the Respondent No. 2/authority to dispose of the case within two months from the date of receipt of copy of this Order.
The Respondent No. 2 is directed to dispose off the case in RAP Case No. 234/2007-08 within two months from the date of receipt of copy of this Order. Further, the Respondent No. 2 is directed to dispose off within 15 days from the date of filing the application, in accordance with law if the petitioner files an application for vacating or recalling the Order of status-quo at Annexure ''E''. Accordingly, the writ petition is disposed off.
Granted three weeks time to file memo of appearance by Sri. R. Omkumar, learned Addl. Govt. Advocate for respondents.
The Registry is directed to issue free copy of this order to the counsel for the petitioner.