IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.10030 OF 2019 (KLR-RES) BETWEEN:
SMT. NANJAMMA, W/O. G. S. BASAVARAJAPPA, AGED ABOUT 62 YEARS, OCC: AGRICULTURIST, R/A ULUPINAKATTE, ANAGODU HOBLI, DAVANAGERE TALUK AND DISTRICT. ... PETITIONER (BY SRI. G. M. CHANDRASHEKAR, ADV.) AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, AMBEDKAR VEEDHI, VIDHANA SOUDHA, BENGALURU – 560001, REPRESENTED BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT, P. B. BOARD, DAVANAGERE – 577004.
3. THE TAHSILDAR, DAVANAGERE TALUK, DAVANAGERE DISTRICT – 577001. ... RESPONDENTS (BY SRI. VENKATESH DODDERI, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE KARNATAKA LAND GRABBING PROHIBITION ACT 2011 (KARNATAKA ACT 38 OF 2014) IS ULTRA-VIRES THE CONSTITUTION OF INDIA BEING VIOLATIVE OF ARTICLES 14, 20, 21 AND 300-A AND TO QUASH THE IMPUGNED EVICTION NOTICE DTD 28.01.2019 ISSUED BY THE R-3 VIDE ANNX-H AND DIRECT R-2 AND 3 TO ISSUE POSSESSION CERTIFICATE IN RESPECT OF THE SCHEDULE PROPERTY TO THE PETITIONER.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In this writ petition, even before notice is ordered, there is a communication by the 3rd respondent- Tahsildar to the learned the Additional Government Advocate in indicating that the petitioner herein has filed application in Form No.57 and the same would be considered in accordance with law. Therefore, this writ petition may be disposed of at the initial stage itself.
A copy of the communication sent by Tahsildar through Mr.Prabhudyamagonda, Revenue Inspector, Anagodu Hobli, Davanagere Taluk to the learned Additional Government Advocate is filed along with a Memo. The same is taken on record.
2. In pursuance to the undertaking given by the 3rd respondent-Tahsildar to dispose of the application filed by the petitioner, the present writ petition is disposed of, with an observation that till such time he shall not disturb the unauthorized possession and cultivation of land in question by the petitioner.
Sd/- JUDGE bkp