IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.Nos.34023-37/2017 (KLR-RR/SUR) BETWEEN 1. BHASKAR N S/O NAGARAJU T N AGED 37 YEARS RESIDNG AT NO.12, SREENIDHI NILAYA, 2ND CROSS, VINAYAKA LAYOUT, BOOPASANDRA BENGALURU 560094.
2. SMT. P.S. ASHWINI W/O BHASKAR.N AGED 34 YEARS RESIDNG AT NO.12, SREENIDHI NILAYA, 2ND CROSS, VINAYAKA LAYOUT, BOOPASANDRA BENGALURU 560094.
3. SMT. S B GEETHA W/O LATE S B NARENDRA AGED ABOUT 67 YEARS RESIDENT OF NO.259, NAKOORU SIRANGALA SOMWARPET TALUK, KODAGU DISTRICT 571237.
4. G LAKSHMINARAYANA S/O LATE GANESH RAO AGED ABOUT 57 YEARS RESIDENT OF NO.43, RAGHAVENDRA COLONY CHAMARAJAPETE BENGALURU 560018.
5. SMT. K N NALINI W/O S VENUGOPAL AGED 50 YEARS R/AT #141, 4TH CROSS, 4TH MAIN, AMS LAYOUT, VIDYARANYAPURA BENGALURU 560097.
6. M V SRIRAMAN S/O LATEM VENKATANARASIMHACHAR AGED 41 YEARS R/AT NO.578, 6TH MAIN ROAD, 3RD BLOCK HBR LAYOUT, BENGLAURU 560043.
7. MR JACOB CYRIAC S/O K C CYRIAC AGED 42 YEARS R/AT NO 536, CHAVARA HOUSE, 1ST CROSS, 4TH BLOCK, H B R LAYOUT, KALYANNAGAR, BENGALURU 560043.
8. C NAGARAJ S/O LATE CHIKKAMUNIYAPPA AGED 43 YEARS PERMANENT RESIDENTS OF H NO 36, UGANAVADI VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT 561235.
9. C VENKATESHMURTHY S/O LATE CHIKKAMUNIYAPPA AGED 46 YEARS PERMANENT RESIDENT OF H NO 36, UGANAVADI VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT 561235.
10. B S DHARMA S/O SOMEGOWDA AGED 50 YEARS R/AT D NO 62, 8TH MAIN 4TH BLOC, NANDINI LAYOUT BENGALURU 560043 11. N GIRISH S/O NARASIMHAMURTHY AGED 37 YEARS D NO 05, NTI 1ST PASSAGE, BESIDE KOTE MUTHURAYA TEMPLE RAJEEV GANDHI NAGARA, KODIGEHALLI BENGALURU 560092.
12. N MUTHARAYAPPA S/O LATE NAGAPPA AGED 66 YEARS R/AT NO 316, 3RD CROSS, BANASHANKARI 3RD STAGE, 3RD PHASE, 2ND BLOCK, BENGALURU 560 0085.
13. S PRASAD S/O NAGABHUSHAN SHETTY AGED 48 YEARS R/AT PILEKUMARINAGARA CHIKKAJALA POST, JALA HOBLI, BENGALURUL NORTH TALUK BENGALURU DISTRICT.
14. SMT RASHMI J W/O SATHISH H S AGED 30 YEARS HUTANAHALLI VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU DISTRICT.
15. SMT. NEETHU PAVAN KUMAR W/O DR PAVANKUMAR, RESIDING AT NO.16, 26TH B MAIN, AGED 30 YEARS 17TH CROSS, MURTHAPPA GARDENT, J P NAG AR, 6TH PHASE, BENGALURU 560 078.
(BY SRI ROHITH GOWDA, ADV.) ... PETITIONERS AND 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANASOUDHA BANGALORE 560 001 REPRESENTED BY IT PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT K G ROAD BANGALORE 560001.
3. THE SPECIAL DEPUTY COMMISSIONER BENGALURU NORTH TALUK AND ADDL. NORTH TALUKS, BENGALURU 560001.
4. THE ASST. COMMISIONER BENGALURU NORTH TALUK BENGALURU 560001.
5. THE TAHASILDAR BENGALURU NORTH TALUK BENGALURU 560001.
6. M/S BRUNDAVAN REAL ESTATE PVT. LTD. NO.65, BRINDAVAN SANJEEVENINGAR, SAHAKARNAGAR, BENGALURU 560092 REPRESENTED BY ITS DIRECTOR SRI NANDAGOPAL REDDY ... RESPONDENTS (BY SMT PRAMODHINI KISHAN, HCGP FOR R1 TO R5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DTD.19.1.2012 PASSED BY THE R-3 IN PROCEEDINGS VIDE ANNEX-N.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Order dated 19.01.2012 passed by the Special Deputy Commissioner, Bangalore North Taluk and Additional North Taluk, Bangalore, is called in question in these writ petitions. The said order is passed exercising power under Section 136(3) of the Karnataka Land Revenue Act, 1964, directing removal of the name of petitioner from the revenue records in respect of 2 acres of land comprised in Sy.No.76/P19 of Chikkajala Village in Bangalore North (Additional) Taluk. The Deputy Commissioner has come to the conclusion that there was no lawful grant made in favour of the original grantee and therefore, entries in the revenue records had to be made in the name of Government.
2. At the outset it is submitted by the learned counsel for petitioner that as per the circular issued by the State Government on 10.10.2014 bearing No.RD 807 ASD 2014 it has been made clear that orders passed by Special Deputy Commissioners in Bangalore in exercise of powers under Section 136(3) of the Act after 10.10.2011 were illegal and could not be enforced in view of the order passed by the High Court and therefore, the said orders had to be reviewed by the competent authorities.
3. The circular makes it clear that the Special Deputy Commissioners of IAS cadre, in-charge of the post were competent to pass necessary orders in that connection and not of K.A.S.cadre.
4. Learned Additional Government Advocate submits that in the light of this circular issued by the State Government, order under challenge is not sustainable in law. She, however, requests the Court to reserve liberty to the authorities concerned to initiate fresh proceeding in accordance with law.
5. In the light of the submission made by the learned Additional Government Advocate, these writ petitions are allowed. Impugned order at Annexure-N which is passed without jurisdiction and without authority, as is clear from the circular issued by the State Government produced at Annexure-R, is quashed. Liberty is reserved to the competent authority to initiate fresh proceeding if they so choose. In case any such proceeding is initiated, fair and reasonable opportunity of hearing has to be provided to the petitioner before passing any order in the matter.
Learned Additional Government Advocate is permitted to file memo of appearance within three weeks.
Sd/- JUDGE VP