IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE MOHAMMAD NAWAZ WRIT APPEAL NO.1080 OF 2019 AND WRIT APPEAL NOS.2903-2905 OF 2019 (KLR-RES) BETWEEN:
1. SMT. RATHNAMMA AGED ABOUT 48 YEARS W/O SHIVAKUMAR R/O SURAPURA YAGATI HOBLI, KADUR TALUK CHIKKAMAGALURU DISTRICT 2. HANUMANTHAPPA AGED ABOUT 70 YEARS S/O LATE KARIYAPPA 3. N.GANGAPPA AGED ABOUT 70 YEARS S/O LATE KARIYAPPA 4. CHANDRA NAIK AGED ABOUT 55 YEARS S/O SAKRA NAIK APPELLANTS 1 TO 4 ARE AGRICULTURIST AND RESIDENTS OF SURAPURA VILLAGE, YAGATTI HOBLI, KADUR TALUK-577548 CHIKKAMAGALURU DISTRICT.
(BY SHRI ANIL KUMAR R., ADVOCATE) ... APPELLANTS AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S.BUILDING DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001 2. THE DEPUTY COMMISSIONER CHIKKAMAGALURU-577 101 CHIKKAMAGALURU DISTRICT 3. THE ASSISTANT COMMISSIONER TARIKERE TALUK-577 228 CHIKKAMAGALURU DISTRICT 4. THE TAHSILDAR KADUR TALUK-577 548 CHIKKAMAGALURU DISTRICT 5. THE COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION OF GOVERNMENT LANDS REPRESENTED BY ITS SECRETARY/TAHSILDAR KADUR TALUK-577 548 CHIKKAMAGALURU DISTRICT ... RESPONDENTS (BY SHRI I. THARANATH POOJARI, AGA) ---
THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE DATED 06/03/2019 IN W.P.NO.8925/2018 AND WP NOS.26962- 964/2018 BY ALLOWING THIS APPEAL THEREBY SETTING ASIDE THE ORDER DATED 31/05/2016 VIDE ANNEXURE-S TO THE WRIT PETITION PASSED BY THE SECOND RESPONDENT IN NO.M2.LND.CR.180/2015-16 AS PRAYED FOR AND ETC.
THESE APPEALS COMING ON FOR PRELIMINARY HEARING THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Heard the learned counsel appearing for the appellants and the learned Additional Government Advocate appearing for the first to fourth respondents. Service of notice to the fifth respondent being a formal party is not necessary.
2. The appeals are taken up for final hearing.
3. An order was made by the Deputy Commissioner on 31st May 2016 holding that the land in survey No.51 in Surapura village, Yegatti Hobli, Kadur Taluk, District Chikmagalur shall be recorded as a government tank in the revenue records. It was this order which was challenged by the appellants before the learned Single Judge by filing the writ petitions. The writ petitions have been dismissed by the learned Single Judge only on the ground that on 12th October 2017, the Tahasildar has taken over the possession of the subject land.
4. The act of taking possession is obviously based on the impugned order dated 31st May 2016. Merely, because the possession is taken on the basis of the impugned order, the challenge to the impugned order cannot be negatived without going into the merits of the order. If the appellants succeed in the challenge to the impugned order dated 31st May 2016, obviously the consequential action of taking possession will have to be nullified. However, the learned Single Judge has not considered the writ petitions on merits. Therefore, the writ petitions will have to be reheard by the learned Single Judge.
5. Accordingly, we pass the following order:
(i) The impugned order dated 6th March 2019 is set aside and W.P.Nos.8925/2018 and 26962- 26964/2018 shall be heard a fresh in accordance with law;
(ii) No adjudication is made on the merits of the impugned order;
(iii) The writ appeals are partly allowed on the above terms.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB