N. S. GANGADHAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The grievance raised by the petitioner in this case is that the Deputy Commissioner, Bangalore Rural District, Bangalore, in exercise of the powers under Section 306 of the Karnataka Municipalities Act, 1964 ('Act' for short), does not have jurisdiction to deal with the question of khata entries which are said to have been made in favour of the present petitioner by concerned official of the Town Municipal Council.

(2.) The issue raised in the present Writ Petition is no longer res integra and has been decided by this Court in the case of Writ Petition Nos.47983-984/2015 (Smt. Nagamma v. The State of Karnataka and others), disposed of on 12/07/2016, (2016 (4) AKR 396), a copy of which is placed on record at Annexure-J of the present writ petition. This Court held in the said decision as under:-

(3.) In view of the aforesaid, the Tahsildar, Nelamangala could not have filed an Appeal before the Deputy Commissioner under Section 306 of the Act for the aforesaid purpose of change of khata entries and therefore the prayer made by the petitioner in the present case that the proceedings before the Deputy Commissioner in this regard deserves to be quashed, has to be allowed.