IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NOS.41808-41809 OF 2015 c/w WRIT PETITION NOS.41806-41807 OF 2015 AND 1648 OF 2016 (KLR) W.P.NOS.41808-41809/2015 BETWEEN:
1. MR.A.S.CHANDRAPPA S/O MR.MUTHAPPA AGE: 58 YEARS R/A NILAVAGLU VILLAGE KOGLIPET HOBLI SOMWARPET TALUK MADIKERI DISTRICT KARNATAKA STATE 2. MRS.MEENAKSHI W/O MR.A.S.CHANDRAPPA AGE: 55 YEARS R/A NILAVAGLU VILLAGE KOGLIPET HOBLI SOMWARPET TALUK MADIKERI DISTRICT KARNATAKA STATE … PETITIONERS (BY SRI.T.RAJARAM, ADV.) AND:
1. THE SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU – 560 001 2. THE DEPUTY COMMISSIONER MADIKERI COORG DISTRICT KARNATAKA STATE – 573 201 3. THE ASSISTANT COMMISSIONER MADIKERI SUB DIVISION MADIKERI, COORG DISTRICT KARNATAKA STATE – 573 201 4. THE TAHSILDAR SOMWARPET TALUK, SOMWARPET COORG DISTRICT KARNATAKA STATE – 571 236 … RESPONDENTS (BY SRI.T.L.KIRAN KUMAR, AGA) - - -
These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the notice dated 20.10.2014 issued by the R3 vide Annexure-G and etc.
W.P.NOS.41806-41807/2015 & 1648/2016 BETWEEN:
1. MR.N.N.DHARMAPPA S/O NANJUNDAPPA AGE: 63 YEARS R/A NILAVAGLU VILLAGE KOGLIPET HOBLI SOMWARPET TALUK COORG DISTRICT KARNATAKA STATE – 571 234 2. SMT.SUSHEELAMMA W/O N.N.DHARMAPPA AGE: 54 YEARS R/A NILAVAGLU VILLAGE KOGLIPET HOBLI SOMWARPET TALUK COORG DISTRICT KARNATAKA STATE – 571 234 … PETITIONERS (BY SRI.T.RAJARAM, ADV.) AND:
1. THE SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU – 560 001 2. THE DEPUTY COMMISSIONER MADIKERI COORG DISTRICT KARNATAKA STATE – 573 201 3. THE ASSISTANT COMMISSIONER MADIKERI SUB DIVISION MADIKERI, COORG DISTRICT KARNATAKA STATE – 571 201 4. THE TAHSILDAR SOMWARPET TALUK SOMWARPET COORG DISTRICT KARNATAKA STATE – 571 236 … RESPONDENTS (BY SRI.T.L.KIRAN KUMAR, AGA) - - -
These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to quash the notice dated 20.10.2014 issued by the R3 vide Annexure-G and etc.
These Petitions coming on for Preliminary Hearing in B Group this day, the Court made the following:-
ORDER The petitioners in these 2 batch of writ petitions are challenging the notices in No.NCR(V)/279/14-15 and No.NCR(V)/273/14-15 both dated 20.10.2014 wherein the Assistant Commissioner of Madikeri Sub-Division who is respondent No.3 in both the batch of writ petitions has issued the aforesaid notices calling upon objections from the petitioners in these writ petitions as to why the cultivation of lands regularized in their favour under several survey numbers of Agali Village and Niluvagilu Village both coming up in Kodlipete Hobli, Somwarpet Taluk, should not be cancelled on the ground that there is violation of terms of grant in their favour.
2. The petitioners in these writ petitions, instead of filing objections to the same, have come up in these writ petitions raising several grounds in seeking to quash the said notices.
3. Heard the learned counsel for the petitioners as well as the learned Additional Government Advocate who is appearing for the respondents.
4. On going through the writ petitions and grounds urged therein, it is seen that the same are premature. It is always open for the petitioners herein to place the materials which is sought to be produced in these writ petitions before the 3rd respondent – Assistant Commissioner and seek disposal of aforesaid proceedings on merit in which notices are issued.
5. Therefore, this Court is of the opinion that the writ petitions being premature in nature, same are required to be dismissed reserving liberty to the petitioners in both the batch of writ petitions to approach the 3rd respondent - Assistant Commission and to place on record the grounds urged in these writ petitions as objections or reply to the notices which are sought to be impugned in these 2 batch of writ petitions. As and when such objections are placed on record, the 3rd respondent shall consider the same in accordance with law and shall pass appropriate orders within 4 months from the date of receiving such objections.
With such observations, these 2 batch of writ petitions are disposed of.
Sd/- JUDGE RV