IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 BEFORE BETWEEN:
THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.46684/2017(KLR-RES) M/S S. K. B. & CO., A PROPRIETORSHIP CONCERN REPRESENTED BY ITS PROPRIETOR, SRI. SYED FAYAZ, SON OF SRI. SYED HUSSAIN (LATE) AGED ABOUT 48 YEARS, NO.38, CHIKKAHALLUR VILLAGE, CHINTAMANI ROAD, HOSAKOTE TALUK, BENGALURU 562114.
RESDING AT: GF-009, SAI SHRISHTI SOWPARNIKA PROJECTS, SILGATTA ROAD, NEAR GODREJ CHICKEN FACTORY, DASARAHALLI POST, HOSKOTE TALUK, BENGALURU 562 114.
(BY SRI JANARDHANA G., ADVOCATE) AND:
1. THE GOVERNMENT OF KARNATAKA BY ITS REVENUE SECRETARY M.S. BUILDING, BENGALURU 560 001.
2. THE TAHSILDAR TALUK PANCHAYAT, HOSKOTE TALUK, BENGALURU RURAL (BY SMT. PRAMODHINI KISHAN, AGA) ... PETITIONER ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE CAUSE NOTICE DATED 3.10.2017 AT ANNEXURE-N ISSUED BY RESPONDENT NO.2.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner has filed the present writ petition against the intimation notice 3.10.2017 issued by the Tahsildar directing the petitioner to be present on 17.10.2017 at 10.00 a.m. for the purpose of survey the property bearing Sy.No.30 measuring 4 acres 3 guntas with all the documents and if after survey, any encroachment is detected, on the same day he would be evicted. So also the cost of the eviction shall be borne by the petitioner. It was also brought to the notice of the petitioner that if he failed to appear on that day i.e., on 17.10.2017, action will be taken in accordance with law.
2. After arguing the matter for some time, Sri Janardhana. G., learned Counsel for the petitioner submits that if after conducting the survey by the Tahsildar, if any encroachment is made by the petitioner, an opportunity should be given to the petitioner to file objections and after giving an opportunity of hearing to defend his case and thereafter, an order be passed in accordance with law. The said submission is placed on record.
3. Smt. Promodhini Kishan, learned Additional Government Advocate submits that today (17.10.2017) is the date fixed for survey and hence a direction be issued to the concerned authority to fix another date for conducting the survey. Let the petitioner also be directed appear before the Tahsildar at the time of conducting survey in respect of land bearing Sy.No. 30 measuring 4 acres 3 guntas. If the Tahsildar finds that there is encroachment after conducting survey, an opportunity be given to the petitioner to file objections and after considering the objections and hearing the petitioner, an order be passed in accordance with law.
4. In view of the fair submissions made by the learned Counsel for the parties, without adverting to the merits and demerits of the case, it is suffice to direct the petitioner to be present before the Tahsildar in respect of Sy.No.30 measuring 4 acres 3 guntas situated at Chikka Hulluru Village, Kasaba Hobli, Hoskote Taluk, Bengaluru Rural District along with documents. After enquiry, if the Tahsildar finds any encroachment is made by the petitioner unauthorisedly in the land bearing Sy.No.30 measuring 4 acres 3 guntas, an opportunity shall be given to the petitioner to substantiate his unauthorized occupation. Thereafter the Tahsildar shall proceed to pass an order in accordance with law.
With the above observations, writ petition is disposed of.
Sd/- Judge Nsu/-