CHANNAPPA Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) These writ petitions have been filed by the petitioners praying this Court to issue Writ in the nature of Certiorari quashing the impugned order passed as per Annexure-'G' and not to dispossess the petitioners from the land bearing survey No.74 until disposal of the application filed by the petitioners as per Annexure-'B' and 'B1'.

(2.) It is the submission of the learned counsel for the petitioners that the petitioners belong to Scheduled Caste and they are in possession and cultivating the land bearing survey No.74, measuring 9 acres 17 guntas at Inderagi village since 30 years. It is further submission that they are in unauthorized occupantion. It is further submitted that earlier the above said land was Pada Land and subsequently by putting all the efforts, they made the land cultivable. It is further submitted that on 05.07.2018, respondent No.4 forwarded the letter to respondent No.1 stating that the above land as reserved Forest land and requested to declare the above land as the Forest land. On the basis of the representation, the respondent No.1 directed the respondent No.3 to conduct panchanama and submit a report to the respondent No.2. After the report, the impugned V has been passed.

(3.) The learned AGA by taking notice to respondent Nos.1 to 4 submitted that the impugned order has been passed by the Deputy Commissioner and as per Section 49 of the Karnataka Land Revenue Act, 1964 ('Act' for short), appeal lies to the Tribunal. When an alternative remedy is available to the petitioners, then, the present writ petitions are not maintainable. On these grounds, she prays to dismiss the petitions.