IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF APRIL, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.14761/2019(GM-CPC) BETWEEN:
1. THE PRESIDENT NOSAGERE GRAMAPANCHAYAT NOSGERE VILLAGE KASABA , HOBLI MALUR TALUK -563130. KOLAR DISTRICT 2. THE PANCHAYAT DEVELOPMENT OFFICER (PDPO) NOSAGERE GRAMAPANCHAYAT NOSGERE VILLAGE KASABA, HOBLI MALUR TALUK-563130 KOLAR DISTRICT 3. THE SECRETARY NOSAGERE GRAMAPANCHAYAT NASGERE VILLAGE KASABA, HOBLI MALUR TALUK-563130 KOLAR DISTRICT (BY SRI PRASHANTH P. N., ADVOCATE) AND:
1. SRI. NAGARAJ S/O LATE MUNIYAPPA AGED ABOUT 45 YEARS, ... PETITIONERS NOSAGERE GRAMAPANCHAYAT NOSGERE VILLAGE KASABA HOBLI MALUR TALUK-563130 KOLAR DISTRICT.
2. M/S INNOVA AGRI BIO PARK LTD NO.442, 8TH CROSS, DOLLARS COLONY RMV 2ND STATE, BANGALORE-560094 REPRESENTED BY G. VENKATASUBRAMANIYAN (MAIN PROJECT HEAD) 3. K. S. RAVI DIRECTOR, INNOVA AGRI BIO PARK LTD., NO.442, 8TH CROSS, DOLLARS COLONY RMV 2ND STAGE, BANGALORE-560094 REPRESENTED BY SMT. N. SHEELA, (ASST SECRETARY) 4. DEVELOPMENT OFFICER NO.2 NO.14/3, KIDB 2ND FLOOR, CFC BUILDING, N. T. ROAD, BANGALORE-560001.
... RESPONDENTS …… THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE IMPUGNED ORDER DATED 21.03.19 PASSED BY THE HON'BLE CIVIL JUDGE & JMFC, MALUR UNDER SECTION 151 OF CIVIL PROCEDURE CODE IN RESPECT OF MATTER OF STATE EXCHEQUER IN O.S.NO.353/18 BY ISSUING WRIT OF CERTIORARI AS THE IMPUGNED ORDER BEING PERVERSE, CAPRICIOUS, ARBITRARY AND BIASED AND ALSO BEING THE ONE PASSED WITHOUT HAVING ANY JURISDICTION AND JUDICIAL POWER TO PASS SUCH BLANKET ORDER WHICH HAS BEEN PRODUCED HERE VIDE ANNEXURE-A;
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER It is unfortunate that the authorities under the Karnataka Panchayat Raj Act, are before this Court, challenging the Order dated 21.03.2019 passed by the Prl. Civil Judge and JMFC, Malur, in O.S.No.353/2018, directing them to take necessary steps to recover the arrears of tax from the factories, industries and companies situated within the limits of Nosagere Grama Panchayat either by impleading the said companies in the suit or by any other mode. To opt any mode was left open. Further, it was ordered that, it is mandatory to collect the tax from the concerned and deposit the same before the Court.
2. The respondent No.1 herein filed suit in O.S.No.
353/2018 for the relief of permanent injunction to restrain the petitioners herein/defendant Nos.1 to 3, their agents, servants or any other subordinate from making e-katha by obtaining the tax amount in respect of the suit schedule property during pendency of the suit, contending that the defendant Nos.4 and 5 are the absolute owners in possession and enjoyment of the suit schedule property, defendant No.4 is main projector and defendant No.5 is Assistant Secretary. After allotment of the suit schedule property by the KIADB, all documents are standing in the names of defendant Nos.4 and 5. Subsequently, the defendant Nos.4 and 5 approached the defendant Nos.1 to 3 and applied memorandum for obtaining e-katha in their favour. After verifying all the documents, defendant Nos.1 to 3 issued notice to the defendant Nos.4 and 5 on 04.06.2018 to pay tax to the concerned authority for the year 2015-16 and 2016-17 in respect of the suit schedule property amounting to `49,50,060/- pertaining to panchayat katha No.50 and `3,02,275/- pertaining to panchayat katha No.50/1, but the defendant Nos.4 and 5 have not paid any tax to the panchayat.
3. It is further contended that, thereafter, some political leaders recommended defendant Nos.1 to 3 to issue katha in favour of defendant Nos.4 and 5 and thereby, defendant Nos.4 and 5 tried to avoid payment of tax to the concerned authority. Duty is cast upon the defendant Nos.1 to 3 to collect the legitimate and lawful revenue from defendant Nos.4 and 5 and it is statutory obligation on the part of the defendant Nos.4 and 5 to pay the tax. Otherwise, it causes deprivation of the public money causing loss to the public exchequer. Therefore, plaintiff filed the suit for the relief sought for.
4. During pendency of the suit, on the memo filed by defendant No.4 along with the list of names of factories and owners of the factories, and the letter issued by the Information Officer, Nosagere Grama Panchayat, Malur Taluk, the Trial Court passed the impugned Order, directing the President, Panchayat Development Officer and the Secretary of Nosagere Grama Panchayat, Malur Taluk, who are the petitioners herein, to discharge their institutional and constitutional obligation. By the impugned Order, the Trial Court, directed the petitioners herein to take necessary steps to recover the arrears of tax from factories, industries and companies situated within the limits of Nosagere Grama Panchayat either by impleading the said companies in the suit or by any other mode. It was left open to the petitioners to opt any mode. Further, it was ordered that, it is mandatory to collect the tax from the concerned and deposit the same before the Court. Instead of complying with the said order, the petitioners are before this Court.
5. I have heard the learned counsel for the petitioners.
6. Sri Prashanth, learned counsel for the petitioners/ defendant Nos.1 to 3, contended that the Civil Court has no jurisdiction to direct the petitioners to collect the arrears of tax from the factories, industries and companies. Therefore, the impugned order cannot be sustained. He contended that, the Trial Court directed to report the steps taken in pursuance of the impugned Order, within seven days from the date of the order and the same cannot be enforced and therefore, sought to set-aside the impugned Order, by allowing the writ petition.
7. Having heard the learned counsel for the petitioners, it is not in dispute that, in a suit filed by one Nagaraj, for the relief of permanent injunction to restrain the petitioners herein/defendant Nos.1 to 3, their agents, servants or any other subordinate from making e-katha; on the memo filed by defendant No.4 along with the list of names of factories and owners of the factories, and the letter issued by the Information Officer, Nosagere Grama Panchayat, Malur Taluk, the Trial Court proceeded to pass the impugned Order and in categorical terms recorded a finding that, ‘On perusal of the plaint averments, documents on the record and submission made by both side advocates, it is clear that the concerned factories, companies and industries have not been paying the tax to the concerned authority properly since long time. It also appears that concerned Grama Panchayat has also not taken proper steps to recover the arrears of tax. The concerned authority has failed to function according to the provisions of the Karnataka Panchayat Raj Act or according to concerned enactments. Therefore, it is causing heavy loss to the Government.
8. The Trial Court further recorded a finding that , it is a matter of state exchequer. If the same is continued by the concerned authority, there will not be proper fund to the Government to take appropriate measures to fulfill the need of the people of the State. The concerned authority has failed to do the same and it is dereliction of duty. Remuneration is being paid to all public servants from the Government fund. Even defendant Nos.1 to 3 are being paid. It is small service on behalf of Government to recover the arrears of tax. Doing the said act is constitutional duty. Therefore, defendant Nos.1 to 3 are hereby directed to recover the arrears of tax from all the companies, industries and factories within their limits and to deposit the said amount before the Court. Because, at the time of arguments, it is stated by the advocates that the Officers of the Grama Panchayat would not utilize the said amount to fulfill the need of the Society and they may misuse the said amount’.
9. The Trial Court also recorded that, it has got inherent power under Section 151 of Code of Civil Procedure to pass such Order to prevent abuse of process of law and to meet the ends of justice. The Trial Court also observed that, ‘the fourth defendant cannot escape from tax liability on the basis of production of the list. It shall pay proper tax as per proper calculation. The plaintiff who is also member of the Grama Panchayat (as per the say of advocate for plaintiff) has done the act to help the society by way of filing the suit. The plaintiff shall not withdraw the suit until fulfillment of the required act’.
10. Now we have reached the stage where the Grama Panchayat authorities i.e., the petitioners, instead of following the directions issued by the Trial Court to discharge the institutional responsibility under the provisions of the Karnataka Grama Swaraj and Panchayat Raj Act and constitutional obligation of collecting the tax, unfortunately, filed the present writ petition. It clearly depicts the audacity of the petitioners and it amounts to dereliction of duty. The act of the petitioners is nothing but abuse of process of Court and an attempt to browbeat the Court proceedings which cannot be encouraged, to maintain the majesty of the Court and in the interest of public at large.
11. The learned Judge, taking into consideration the entire material on record, exercising inherent powers, passed the impugned Order. No prejudice will be caused to the petitioners, by the impugned Order. If the petitioners really wanted to discharge their institutional responsibility and constitutional obligation, in all fairness, should have filed an application or Memo before the Court seeking reasonable time to file the report, if they feel that they can’t submit the report within seven days, as directed. Instead of doing so, the petitioners are before this Court by filing writ petition. This is nothing but daring ride on the Court, which cannot be encouraged. This Court appreciates the courage and commitment of the learned Judge who passed the impugned Order, in exercise of inherent power under the provisions of Section 151 of Code of Civil Procedure.
12. In view of the above, petitioners have not made out any ground to interfere with the impugned Order in exercise of powers under Articles 227 of the Constitution of India. Accordingly, Writ Petition is dismissed with cost of `10,000/- to each of the petitioners (i.e., in total `30,000/-) payable from their own pockets to the Advocates’ Association, Malur (Library fund), before the Trial Court, on or before the next date of hearing, failing which the Trial Court is at liberty to recover the same from defendant Nos.1 to 3, in accordance with law. Liberty is also reserved to the President, Advocates’ Association, Malur, to initiate proceedings to recover the aforesaid amount, in accordance with law.
13. The Registry is directed to send copy of this Order to the President, Advocates’ Association, Malur, to take necessary steps to recover the cost, in case the petitioners fail to pay the cost as directed.
Sd/- JUDGE kcm