K. GIRIYAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though the matter is listed for preliminary hearing, by consent of learned Advocates it is taken up for final disposal. Heard Sri P. Narayanappa, learned Counsel appearing for petitioner and learned HCGP appearing for respondents 1 to 4. Notice to respondent 5 is dispensed with since no order adverse to the interest of fifth respondent is being passed in this writ petition.

(2.) Petitioner being aggrieved by the order passed by third respondent in R.A. (DH) No. 214 of 2006-07, dated 2-7-2010 filed a revision under Section 136(3) before second respondent in R.P. No. 59 of 2010-11. Deputy Commissioner by impugned order dated 25-6-2012 was of the opinion that he lacked jurisdiction to entertain revision petition under Section 136(3) of the Karnataka Land Revenue Act, 1964 by relying upon the judgment of this Court passed in W.P. No. 11953 of 2011 in Mallegowda v Channaveeregowda and Others. It would be relevant to notice at this juncture that Division Bench of this Court in W.A. No. 5546 of 2011, disposed of on 22-11-2011 while examining the correctness of the order passed by learned Single Judge of this Court in W.P. No. 20337 of 2010, dated 30-6-2011, wherein order of Deputy Commissioner remanding the matter to Assistant Commissioner was under challenge before learned Single Judge had opined that Deputy Commissioner has no jurisdiction to set aside the order of Assistant Commissioner and said finding of the learned Single Judge was not accepted by Division Bench and it has been held as under: