IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.38242 OF 2011 (GM-RES) BETWEEN:
AKKAMMA D/O BASAVARAJ HALLUR R/AT #58, IST MAIN 2ND CROSS MUTHAPPA BLOCK GANGA NAGAR, BANGALORE 32. (BY SRI. H.N. KASAL, ADV.,) AND:
… PETITIONER 1. THE COMMISSIONER DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS , K.R.CIRCLE BANGALORE 1.
2. DEPUTY DIRECTOR OF LAND RECORDS DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS, K.R.CIRCLE BANGALORE 1.
3. ASSISTANT DIRECTOR OF LAND RECORDS K.C.PARK, DHARWAD.
4. JOINT DIRECTOR OF LAND RECORDS (ENQUIRY & INVESTIGATION) DEPARTMENT OF SURVEY SETTLEMENT & LAND RECORDS, K.R.CIRCLE BANGALORE 1.
… RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DT.24.9.11 PASSED BY THE R1 MARKED AS ANN-J TO THE W.P. QUASH THE NOTICE DT.28.9.11 PASSED BY THE R2, MARKED AS ANN-L TO THE WP. GRANT INTERIM ORDER TO STAY ALL FURTHER PROCEEDINGS PURSUANT TO THE ORDER DT.24.9.11 PASSED BY THE R1, MARKED AS ANN-J TO THE WP & ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.H.N.Kasal, learned counsel for the petitioner.
Smt.Niloufer Akbar, learned Additional Government Advocate for the respondents.
The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia seeks for a writ of certiorari for quashment of order dated 24.09.2011 passed by respondent No.1 by which license issued to the petitioner permitting her to function as Surveyor has been cancelled by respondent No.1.
3. Learned counsel for the petitioner submitted that the impugned order has been passed merely on the basis of the Enquiry Report submitted by Karnataka Lokayuktha and subsequently, a Certificate has been issued by the Superintendent of Police, Karnataka Lokayukta, Dharwad dated 24.10.2011, in which it is stated that the trap could not materialize and therefore, the Final Report has been submitted and investigation has been closed. In view of the certificate dated 24.10.2011, the impugned order dated 24.09.2011 cannot be sustained.
4. On the other hand, learned Additional Government Advocate submitted that the aforesaid Certificate has been issued subsequent to passing of the impugned order and respondent No.1 shall afford an opportunity of hearing to the petitioner as the petitioner has not filed any response to the Show Cause Notice issued by respondent No.1.
5. I have considered the submissions made by learned counsel for the parties. Admittedly, the impugned order dated 24.09.2011 is passed based on the Enquiry Report submitted by Lokayuktha Police, Dharwad. The investigation initiated against the petitioner has been closed as evident from the certificate dated 24.10.2011 issued by the Superintendent of Police, Karnataka Lokayuktha, Dharwad.
6. Therefore, in view of the aforesaid subsequent event, namely, Certificate issued by Superintendent of Police, Karnataka Lokayuktha, Dharwad, and taking into account the fact that the petitioner had not filed reply before passing of the impugned order dated 24.09.2011, the impugned order dated 24.09.2011 is quashed.
7. Accordingly, the petition is disposed of with liberty to respondent No.1 to issue a fresh Show Cause Notice to the petitioner and petitioner on receipt of the aforesaid notice shall file a reply and thereafter, respondent No.1 shall pass a fresh order in accordance with law.
Let the aforesaid exercise be carried out within a period of three months from the date of receipt of the certified copy of the order passed today.
Sd/- JUDGE dn/-