IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.26056/2018 (KLR-RES) BETWEEN SMT. MANGAMMA W/O DORAISWAMY AGED ABOUT 65 YEARS C/O VAJAVELA MUDALIAR R/AT BANNERGHATTA VILLAGE JIGANI HOBLI, ANEKAL TALUK BENGALURU DISTRICT BENGALURU-560 105 ... PETITIONER (BY SRI S P KULKARNI, ADVOCATE) AND 1. THE DEPUTY COMMISSIONER BANGALORE SOUTH SUB-DIVISION OFFICE OF THE DEPUTY COMMISSIONER REVENUE BUILDING, K.G.ROAD BANGALORE-560 001 2. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB-DIVISION OFFICE OF THE DEPUTY COMMISSIONER REBENUE BUILDING K.G.ROAD BANGALORE-560 001 3. THE SPECIAL TAHSILDAR ANEKAL TALUK ANEKAL BANGALORE DISTRICT-560 099 4. THE REVENUE INSPECTOR JIGANI CIRCLE, ANEKAL TALUK BANGALORE DISTRICT-560 099 5. SMT. CHINNAMMA W/O LATE G NARAYANAPPA AGED ABOUT 50 YEARS R/AT NO.10, GUNDAPPA GOWDA ROAD EJIPURA, VIVEK NAGAR BANGALORE-560 047 6. SMT. V PADMA W/O S C NARASARAJU AGED ABOUT 50 YEARS R/AT No.702, A BLOCK NAGARJUNA PREMIER APARTMENT VI PHASE, J P NAGAR BANGALORE-560 078 ... RESPONDENTS (BY SRI VIJAYA KUMAR K, ADVOCATE FOR CAVEATOR – RESPONDENT No.6 SRI VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOs.1 TO 4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-A PASSED BY RESPONDENT No.1 IN REVISION PETITION NO.246/2014-15 DATED 21.04.2018 VIDE ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned Additional Government Advocate takes notice for respondent Nos.1 to 4.
2. Respondent No.5 in R.P. No.246/2014-15 on the file of respondent No.1 – Deputy Commissioner, Bengaluru South Sub-Division, Bengaluru, has come up in this writ petition bringing to the notice of this Court glaring procedural defects committed by the said Officer while hearing the said revision petition as well as passing orders on its merits. She has sought for quashing of the order dated 21.04.2018 (Annexure ‘A’ to the petition) passed by the first respondent allowing the Revision Petition No.246/2014-15 filed by respondent No.6 herein – Smt. V. Padma.
3. The order sheet maintained in the said revision proceedings, which is at Annexure ‘A’ to the petition, would indicate that the matter was called on 02.02.2018 by the first respondent, on which day, he had adjourned the same to 09.02.2018 by extending the interim order that was granted earlier in the said proceedings. However, on 09.02.2018, the said officer did not hold the Court. Therefore, seal was affixed to the order sheet indicating that the said officer being preoccupied with other work, had adjourned the matter to 13.06.2018. However, the next page in the very same order sheet would indicate that contrary to the order passed on 09.02.2018, the first respondent took up the revision petition on 06.03.2018 at the request of the learned counsel for the petitioner and adjourned the same to 13.03.2018. Thereafter, the matter was adjourned from time to time and it was finally disposed of on 21.04.2018 i.e., much before the date (13.06.2018) to which it was posted on 09.02.2018.
4. Heard the learned counsel for the parties.
Perused the material on record.
5. The records would indicate that all is not well with the proceedings with reference to Revision Petition. No.246/2014-15 conducted in the office of the first respondent, where he had taken up the matter for consideration much against the order of his own in abusing the said proceedings thereby indicating the possibility of the entire proceedings being conducted behind the back of the petitioner herein with an ulterior motive. In that view of the matter, the impugned order cannot be allowed to continue and the same requires interference.
6. Accordingly, this Writ Petition is allowed. The order dated 21.04.2018 (vide Annexure ‘A’ to the petition) passed by the first respondent – Deputy Commissioner, Bengaluru South Sub-Division, Bengaluru, is hereby set aside. While doing so, Revision Petition No.246/2014-15 is remanded back to the office of the first respondent - Deputy Commissioner, Bengaluru South Sub-Division, with a direction to rehear and dispose of the same in accordance with law.
7. it is made clear that the same Officer, who has passed the impugned order, shall not hear the said revision petition inasmuch as his conduct is doubtful as is evident from the manner in which he conducted and decided the revision petition. Therefore, a copy of this order is directed to be placed before the Revenue Secretary to assign Revision Petition No.246/2014-15 to some other officer of equivalent rank as that of respondent No.1 to hear the same on merits.
8. Learned Additional Government Advocate appearing for respondent Nos.1 to 4 is permitted to file memo of appearance within two weeks from today.
Sd/- JUDGE sma