IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NOS.15123/2011 & 34030-34031/2011(SC/ST) BETWEEN 1. JOSEPH, S/O DEVASYA, MAJOR, R/AT AITHOOR VILLAGE, P.O.SUNKADAKATTE, PUTTUR TALUK, D.K.DISTRICT.
2. C.K.THANGAPPA, S/O KUNHI CHEKAN, MAJOR, R/AT AITHOOR VILLAGE, P.O. SUNKADAKATTE, PUTTUR TALUK, D.K.DISTRICT.
3. C.D.ELIYAMMA, D/O DANIAL, MAJOR, R/AT AITHOOR VILLAGE, P.O. SUNKADAKATTE, PUTTUR TALUK, D.K.DISTRICT. …PETITIONERS (BY SRI SHRIHARI, ADVOCATE) AND :
1. THE DEPUTY COMMISSIONER, D.K.DISTRICT, MANGALORE.
2. THE ASSISTANT COMMISSIONER, PUTTUR TALUK, PUTTUR, 3. THE SPECIAL TAHASILDAR, KADABA, PUTTUR TALUK.
4. THE REGULARISATION COMMITTEE, PUTTUR TALUK, PUTTUR, REPRESENTED BY ITS SECRETARY.
…RESPONDENTS (BY SMT.RAFIUNNISA, HCGP FOR R1 TO R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.3 IN PROCEEDINGS NO.PTCL/06/2009-10 DATED 23.03.2011 FILED AS ANNEXURE –A AND FURTHER QUASH THE NOTICE ISSUED BY RESPONDENT NO.1 DATED 23.08.2010 BEARING NO.LND(2)CR831/2009-10/C22636B3 FILED AS ANNEXURE-B AND ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.4 TO CONSIDER THE APPLICATIONS OF THESE PETITIONERS WITHIN 4 WEEKS FROM DATE OF DISPOSAL OF THESE WRIT PETITIONS AND MAY FURTHER BE PLEASED TO ISSUE WRIT OR ORDER ON THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners herein are said to be unauthorized occupants of portions of land bearing Sy.No.166/1P of Ithur Village, Puttur Taluk, Dakshina Kannada District. It is stated by them that they have made applications under Section 50 of the Karnataka Land Revenue Act, 1964 (‘the Act’ for short) seeking regularization of the land in their unauthorized occupation. When the said applications were pending consideration, it is stated that a notice was issued by the Special Tahsildar on 1.3.2010 in No.PTCL.No.6/2009-10, which was the subject matter of writ petitions in WP.Nos.9358-9362/2010 before a Coordinate Bench of this Court. It is seen that this Court by its order dated 22.3.2010 disposed of the said writ petitions by quashing the aforesaid notice. While doing so, it was observed by this Court under Section 94 of the Act, the unauthorized occupants can be removed only by the Deputy Commissioner by initiating appropriate proceedings in that behalf.
2. It is seen that subsequent to the disposal of WP.Nos.9358-62/2010 by the Coordinate Bench of this Court by order dated 22.3.2010 a notice is issued by the Deputy Commissioner in No.LND(2)CR.831/2009-10 on 23.8.2010. On receipt of such notice, reply is also submitted by the petitioners on 14.9.2010, which is at Annexures-E and F to these writ petitions. The grievance of the petitioners is that when the proceedings in LND(2)CR.831/2009-10 is pending before the Deputy Commissioner, Mangalore, his subordinate, namely the Special Tahsildar of Kadaba has issued one more notice in PTCL.6/2009-2010 on 23.3.2011, which is contrary to the order passed by this Court in WP.Nos.9358-62/2010, inasmuch as one of the notices issued earlier in No.PTCL.6/2009-10 was the subject matter of aforesaid writ petitions and the same was quashed holding that the Special Tahsildar does not have any manner of right to initiate any kind of proceedings against the petitioners therein. It is contended by the counsel for the petitioners that more particularly when the proceedings is already initiated by the Deputy Commissioner, Mangalore, his subordinate the Special Tahsidlar of Kadaba would have no right to pursue the same in any other parallel proceedings.
3. The submission made by the learned counsel for the petitioners is just and proper. In that view of the matter, the notice dated 23.3.2011 in No.PTCL.6/2009-10, which is at Annexure-A, is hereby quashed. While doing so, the first respondent – Deputy Commissioner, Mangalore, is hereby directed to proceed with the proceedings which is initiated by him in No.LND(2)CR.831/2009-10 and dispose of the same in accordance with law within four months from the date of receipt of a copy of this Court after affording sufficient opportunity to the petitioners herein.
Accordingly, the writ petitions are allowed.
Sd/- JUDGE nd/-