IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF JULY 2019 BEFORE THE HON'BLE Mr.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.2367 OF 2019 BETWEEN:
H.D.RAVISHANKAR S/O. H.L.DAKAPPA AGED:56 YEARS OCC:AGRICULTURIST R/O. MAIN ROAD, N.R.PURA TALUK CHICKAMAGALUR DISTRICT – 577134 …PETITIONER (BY SHRI DINESHKUMAR K.RAO FOR SHRI R.B.DESHPANDE, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY REVENUE INSPECTOR, KASABA HOBLI N.R.PURA TALUK, N.R.PURA CHICKAMAGALUR DISTRICT – 577134 2. TALUKA EXECUTIVE MAGISTRATE N.R.PURA TALUK, N.R.PURA CHICKAMAGALUR DISTRICT – 577134 (REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS BANGALORE – 560 001 …RESPONDENTS (BY SHRI NASRULLA KHAN, HCGP FOR R1 AND R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C., PRAYING TO QUASH THE IMPUGNED NOTICE DATED 15.03.2016 ISSUED BY THE REVENUE OFFICER, NARSIMHARAJPURA TALUK IN KRI/CR/44/2015-16 AND ORDER DATED 07.12.2018 PASSED BY THE 1ST ADDITIONAL SESSIONS JUDGE CHICKAMAGALUR IN CRL.RP.NO.125/2016.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioner has challenged notice dated 15.03.2016 issued from the office of Assistant Commissioner, Narasimharajpura Taluk, whereby, petitioner was called upon to appear for an enquiry and a spot inspection in respect of a lane, in assessment No.433 of Narasimharajpura Town Panchayath, along with original documents.
2. Shri Dineshkumar K.Rao for Shri R.B.Deshpande, learned advocate for the petitioner submitted that the Assistant Commissioner could not have issued such a notice, inasmuch as, the property dispute between Municipality Corporation and the petitioner has been decided on 07.08.2012 in RSA No.3045/2006. Hence, he prayed for quashing the impugned notice by allowing this petition.
3. Shri Nasrulla Khan, learned HCGP for respondent Nos.1 and 2 submitted that the Assistant Commissioner has issued notice calling upon the petitioner to be present for an enquiry with original documents. Hence, he submits that petitioner may appear before the authority and place his defence.
4. I have carefully considered rival contentions and perused the records.
5. The notice dated 15.03.2016 was issued by the office of Assistant Commissioner calling upon the petitioner to be present along with the original documents for an enquiry. There is no impediment for the petitioner to appear for an enquiry and to place his defence before the authority. In the circumstances, I find no ground to interfere.
6. Resultantly, this petition fails and it is accordingly, dismissed with liberty to the petitioner to urge all contentions before the Assistant Commissioner.
7. In view of dismissal of the petition, I.A.No.1/2019 does not survive for consideration and the same stands disposed of.
No costs.
Sd/-
JUDGE HJ