FR. VALERIAN FERNANDES Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This intra-court appeal calls in question a learned Single Judge's order dtd. 7/11/2023 whereby, appellant's W.P.No.17710 of 2023 (KLR-LG) has been disposed off with the following observations:

(2.) Learned counsel appearing for the appellant argues that the prayer in the petition was for a writ of mandamus to the respondents to grant the subject land by issuing Grant Certificate/Saguvali Chit; such a prayer was made in view of the order of the Karnataka Appellate Tribunal entered in Appeal No.340 of 1994 disposed off on 28/6/1996 which had directed determination of the amount payable, not setting aside the lease granted. Therefore, he finds fault with the impugned judgment and seeks a substantive direction.

(3.) Learned Additional Government Advocate appearing for the official respondents opposes the appeal contending that for relief of the kind, the learned Single Judge has rightly relegated the appellant to the office of Assistant Commissioner and he can work out his remedy there itself. Incidentally, she also draws attention of the court to the 2023 amendment to the Karnataka Land Grant Rules, 1969, to contend that the appellant has to make certain payment at the rates now revised, if at all relief is to be granted to him. So contending, she seeks dismissal of the appeal.