P.C.Sakrappa v. The District Collector And Magistrate,

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No. 31631 of 2011 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue. With the consent of both the parties, the main writ petition is heard at the admission stage itself.

The present writ petition came to be filed seeking issuance of writ of mandamus declaring the action of the respondents in passing the impugned proceedings Rc.No.E120/2010 dated 31.05.2010 issued by the Revenue Divisional Officer, Adoni, and notice issued by the third respondent vide Rc.A353/2010, dt. .08.2011 without considering the appeal filed by the petitioner as illegal, improper, arbitrary and violative of principles of natural justice.

Though various grounds are raised in the writ petition, the learned counsel for the petitioner restricts his prayer seeking a direction to the first respondent to pass orders in the appeal preferred by him questioning the orders of the Revenue Divisional Officer, Adoni vide Rc.No.E120/2010 dated 31.05.2011. The Government Pleader for Revenue submits that the appeal said to have been filed by the petitioner does not show the provision under which the said appeal is filed. According to him no such appeal would lie before the Joint Collector, but however admits that the order of the Revenue Divisional officer is challenged by the petitioner before the Collector.

Having regard to the circumstances stated above and without going into the merits of the case, the first respondent is advised to pass orders in the appeal/representation dated 25.08.2011 said to have been made by the petitioner before him, in accordance with law, at the earliest.

With the above direction the writ petition is disposed of. No order as to costs. Consequently, miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _________________________ JUSTICE C. PRAVEEN KUMAR 15.09.2015 gkv