Sri. G.P. Mallesh Reddy vs The Assistant Commissioner, Bangalore South Sub-Division, Bangalore and Others

B.S. Patil

Learned Government Pleader is directed to take notice for respondents 1 to 4. Having regard to the nature of the grievance made by the petitioner and the order that is proposed to be passed, it is unnecessary to notify respondents 5 & 6.

The grievance made by the petitioner in these writ petitions is that during the pendency of the appeal filed in R.A. No. 123/2011-12 before the Assistant Commissioner Bangalore South Sub-Division, Bangalore, by respondent No. 5 herein challenging the mutation entry effected by the Tahsildar in M.R.No. 13/2000-2001 in favour of the petitioner herein, a parallel proceeding is initiated by the Assistant Commissioner by issuing the impugned notice at Annexure-J calling upon the petitioner to appear before him on 11.07.2012 in connection with the very grievance made regarding the mutation effected in favour of the writ petitioner.

Learned counsel for the petitioner contends that when an appeal is filed u/s 136(2) of the Karnataka Land Revenue Act, 1964 (for short, ''the Act'') and the Assistant Commissioner is seized of the same, again a parallel proceeding by issuing the show-cause notice as per Annexure-J could not have been initiated by the Assistant Commissioner.

Learned Government Pleader submits that the petitioner has to approach the Assistant Commissioner and bring it to his notice the said fact and if it is shown that in respect of very matter between the very parties, an appeal is pending in R.A. No. 123/2011-12, then the Assistant Commissioner will certainly desist from proceeding with the parallel proceeding and await the orders to be passed in the statutory appeal filed u/s 136(2) of the Act. The submission of the learned Government Pleader is just and fair. Petitioner has to approach the Assistant Commissioner bringing it to his notice the pendency of the appeal in R.A. No. 123/2011-12. Whereupon, the Assistant Commissioner shall consider the same and if he is satisfied that in respect of the very dispute, an appeal is pending in R.A. No. 123/2011-12, then he may pass necessary orders to await the decision in the appeal. However, this shall be done only after hearing respondents 5 & 6, who shall have an opportunity to show to the satisfaction of the petitioner that the two proceedings are different. If objections are already filed, then the Assistant Commissioner shall consider the same and pass appropriate orders after hearing both the parties before proceeding further on the merits of the matter. Writ Petitions are accordingly disposed of.

Learned Government Pleader is permitted to file memo of appearance within three weeks from today.