PRAKASH K. S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has questioned the endorsement dated 16 .06 .2021 issued by the Deputy Commissioner refusing to entertain the revision petition filed by the petitioner under Section 136 (3 ) of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as 'the Act of 1964 ', for short), as against the order dated 04.02.2021 passed by the 3rd respondent Assistant Commissioner, Harapanahalli, in proceedings bearing No.R. A.(Hadagali)/ CR/9 /2020 and R. A.(Hadagali)/ CR/ 68/2020, in exercise of his powers under Section 136(2) of the Act of 1964.

(2.) Learned counsel for the petitioner submits that, as against the order passed by the Assistant Commissioner exercising his powers under Section 136(2) of the Act of 1964 , a revision lies to the Deputy Commissioner under Section 136( 3) of the Act of 1964 and accordingly, the petitioner has filed the revision before the 2nd respondent Deputy Commissioner on 15.04.2021. However, the Deputy Commissioner, without even admitting the said revision petition, has issued an endorsement dated 16.06 .2021 vide Annexure-M, refusing to entertain the said revision petition. He submits that the Deputy Commissioner, who is a Statutory Authority to consider the revision under Section 136(3) of the Act of 1964, is required to pass orders in accordance with law considering the merits of the case and he cannot issue an endorsement as impugned in the present writ petition.

(3.) Learned AGA, who has appeared on behalf of respondents 1 to 4 does not dispute that submission made by the learned counsel for the petitioner and he submits that the Deputy Commissioner is required to consider the revision petition filed by the petitioner under Section 136(3) of the Act of 1964 in accordance with law and pass necessary orders on the same by considering the merits of the case.