IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.30298/2012 (KLR-RR/SUR) BETWEEN:
MUNIBACHAPPA S/O LATE BADRAPPA AGED ABOUT 65 YEARS R/AT NO.63/1 4TH MAIN, G.M. PALYA NEW THIPPASANDRA POST BANGALORE-560 075. ... PETITIONER [BY SRI. S.M. SREERAMA REDDY-ADV.] AND:
1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BANGALORE-560001.
2. TAHSILDAR BANGALORE NORTH (ADDL.) TALUK YELAHANKA BANGALORE-560065.
3. THE SPECIAL DEPUTY COMMISSIONER BANGALORE NORTH & NORTH (ADDL.) TALUK 3RD FLOOR, D.D. OFFICE COMPOUND BEHIND KANDAYA BHAVAN BANGALORE-560009. … RESPONDENTS [BY SRI. T.S. MAHANTESH-AGA FOR R1–R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN RRT (2)N(A)/CR.2010-11 VIDE ANN-K ON THE FILE OF THE R3 ETC.
THIS PETITION COMING ON FOR ‘PRELIMINARY HEARING – B GROUP’ THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioner has assailed the order dated 10.10.2011 passed by respondent No.3 in R.R.T/(2)N(A)/C.R./57/2010-11 at Annexure-K to the writ petition inter alia seeking a direction to the third respondent to drop the proceedings initiated against the petitioner in respect of the land in Survey No.50/30 of Maralukunte Village, Jala Hobli, Bengaluru North (Addl.) Taluk, Bengaluru Urban District, measuring 4 acres and has sought for other consequential reliefs.
2. Learned counsel appearing for the parties ad- idem submit that the issue involved in this writ petition is no more res integra in view of the order passed by the Hon’ble Division Bench in the case of Sri. H.S.
Doreswamy & Another Vs. State of Karnataka and Others in W.P. Nos.51551-52/2013 dated 26.08.2014 whereby, it is categorically held that subsequent to the publication of Government Notification No. RD 400 ASD 2011 dated 10.10.2011, the Special Deputy Commissioners appointed pursuant to the Government Order Nos.RD 711, RD 290 and RD 709 were not required to exercise powers under section 136(3) of the Karnataka Land Revenue Act, 1964. Accordingly, the notification No. RD 400 ASD 2011 dated 10.10.2011 shall be given complete effect and the Deputy Commissioner/s and the Special Deputy Commissioner/s shall exercise powers accordingly.
3. In view of the aforesaid, the writ petition stands disposed off in terms of the order passed in W.P. Nos.51551-52/2013 referred to above.
The impugned order at Annexure-K to the writ petition is quashed. Liberty is reserved to the State to exercise the power in accordance with law and take a decision afresh in the matter, if it requires so.
Sd/- JUDGE Chs*