IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.55471/2018 (LB – RES) BETWEEN :
H.M.AMANULLA S/O FAZALULLA AGE 56 YEARS DOOR NO.442/1817/A-22 & 443/1817/A-22, 10TH WARD, HARAPANAHALLI DAVANAGERE DISTRICT-583 131 ...PETITIONER (BY SRI M.E.NAGESH, ADV.) AND :
1 . THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL HARAPANAHALLI DAVANAGERE-583 131 2 . THE REVENUE OFFICER TOWN MUNICIPAL COUNICL HARAPANAHALLI DAVANAGERE-583 131 …RESPONDENTS (BY SRI M.A.SUBRAMANI, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENTS DATED 07.05.2017 THEREBY CANCELLING THE KHATHA/DOOR NUMBER 442/1817/442-A22 AND 443/1817/443-A-22 OF THE 10TH WARD, HARAPANAHALLI, DAVANAGERE DISTRICT AS PER ANNEXURE-K1 & K2.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner has challenged the order passed by the respondents dated 7.5.2017 thereby canceling the Khatha/Door No.442/1817/442-A22 and 443/1817/ 443-A-22 of the 10th ward, Harapanahalli, Davanagere District.
2. The petitioner claims to be the owner of the property in question having acquired the same through a registered sale deed dated 17.8.1987 before the Sub Registrar, Harapanahalli.
3. It is submitted that the Assessment Officer, Town Municipality of Harapanahalli assessed the property and the Khatha was registered by accepting the tax for the periods from 1981-82 to 1988-89 and continuously thereafter. However, the Town Municipality Council unilaterally without issuing notice to the petitioner has cancelled the khatha relating to the property in question. Hence, the present writ petition.
4. It is well settled that the principles of natural justice are mandatorily to be followed by the council while passing the orders adversely affecting the rights of the parties concerned. Any order passed in violation of the principles of natural justice would certainly call for interference by this Court. Further, it is evident that no speaking order is passed by the respondents inasmuch as the cancellation of Khatha impugned.
5. Hence, the cancellation of katha relating to the properties in question in terms of Annxure-K1 and K2 dated 7.5.2017 are quashed. The petitioner shall appear before the respondent No.1 on 16.12.2019 without waiting for any notice along with his reply/objections/material in support of the claim. The respondent shall consider the same and pass a speaking order in accordance with law in an expedite manner. All rights and contentions of the parties are left open.
Writ petition stands disposed of, in terms of the above.
Sd/- JUDGE Dvr: