IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE K. NATARAJAN WRIT PETITION NOS.8401-8402 OF 2019 (SC-ST) BETWEEN 1. Sri A.J.James S/o A.C.Joseph Aged about 59 years 2. Smt. Ancy James W/o Mr. A.J.James Aged about 53 years Petitioners 1 and 2 are R/at No.576, 4th Cross HMT Layout, R.T.Nagar Bengaluru – 560 032 3. Smt. Susheelamma W/o Late B.M.Govindaraju Aged about 52 years 4. Sri Bhaskar S/o Late B.M.Govindaraju Aged about 32 years 5. Sri Shashidhara (A.K.A. B.G.Kumar) S/o Late B.M.Govindaraju Aged about 31 years 6. Sri B.M.Narayanaswamy S/o Sri B.G.Muniyappa Aged about 60 years 7. Smt. M.N.Kusuma D/o Sri B.M.Narayanaswamy Aged about 32 years 8. Sri B.N.Mohan Kumar S/o Sri B.M.Narayanaswamy Aged about 29 years No.3 to 8 are residing at Bettahalasuru village Jala Hobli, Bengaluru North(Addl) Taluk Bengaluru – 562 157 ...Petitioners (By Sri A.J.James, petitioner No.1 party-in-person) AND 1. State of Karnataka Through its Secretary Department of Revenue M.S.Building, Bengaluru-560 001 2. Deputy Commissioner Bengaluru District K.G.Road, Bengaluru-560 001 3. Special Deputy Commissioner-1 Bengaluru North First floor, Deputy Commissioner’s Office K.G.Road, Bengaluru-560 001 4. Assistant Commissioner Bengaluru North Division K.G.Road, Bengaluru-560 009 5. Tahsildar Bengaluru North Additional Taluk Office Yelahanka, Bengaluru-560 064 6. Smt. Gowramma Aged about 74 years D/o Late Koramara Venkatarama & W/o D.N. Lakshmaiah a) Address as per AC’s Order Residing at Harohalli Yelahanka Hobli Bengaluru North Taluk Bengaluru – 560 064 b) Address fond after issue of news paper advertisement by DC’s court No.127, 2nd Floor Kempanna Building Near Yellamma Temple Anantapura Road Singanayakanahalli Post Yelahanka, Bengaluru – 560 064 7. Smt. Bylamma W/o Late Ramamurthy Aged about 61 years R/at Kakolu village Hesaraghatta Hobli Bengaluru North (Additional Taluk) Bengaluru – 560 090 8. Sri H.R.Suresh S/o Late H.K.Ramaiah No.1, Shresta, Jakkur Main Road Jakkur Post, Bengaluru-560 064 9. Secretary Department of Personnel and Administrative Reforms Vikasa Soudha Ambedkar Veedhi Bengaluru – 560 001 10. Inspector General of Registration and Commissioner Of Stamps, Kandhaya Bhavan 8th Floor, K.G.Road Bengaluru-560 001 …Respondents (By Smt. Savithramma, HCGP for R1 to 5, R9 & R10; Sri V.Sanjay Krishna, Advocate for R8 & R6 and R7 served – unrepresented) These writ petitions are filed under articles 226, 227 and 300 of the Constitution Of India, praying to quash the part of the Order No.SC/ST/A/132/2015-16 of R-2 issue final orders that the terms of the grow more food lease/grant are fulfilled and as such under law by Hon’ble Supreme Court the suo-moto provisions on any of the grounds including PTCL Act cannot be exercised after lapse of 44 years from the first sale and 33 years after the coming into force of PTCL Act, 1978, etc.
These writ petitions coming on for preliminary hearing in ‘B’ group, this day the Court made the following.
ORDER These writ petitions are filed by the petitioners challenging the order passed by the Deputy Commissioner, Bengaluru in SC/ST/A/132/2015-16 for having remitted back the matter to the Assistant Commissioner, Bengaluru North Sub Division for fresh enquiry vide Annexure-A dated 02.05.2018.
2. Heard the arguments of the petitioner No.1 Party-in-person and the learned High Court Government Pleader for respondent Nos.1 to 5, 9 and 10.
3. During the pendency of these petitions, when the matter came up before this Court on 21.02.2019, the matter was adjourned to 25.02.2019 for removing the office objections and thereafter the matter came up before this Court on 13.03.2019 and the matter was posted for preliminary hearing on 18.03.2019. That on 18.03.2019, this Court passed an order by granting interim stay of the order passed by the Deputy Commissioner dated 02.05.2018 at Annexure-A1.
4. Learned High Court Government Pleader brought to the notice of this Court that the order passed by the Deputy Commissioner for having remanding the matter to the Assistant Commissioner has been executed by the Assistant Commissioner and took up the enquiry and passed orders on 21.02.2019 itself. A copy of the order has been produced before this Court, which shows the order of the Deputy Commissioner has been complied and fresh enquiry has been already held by the Assistant Commissioner and order has been passed on 21.02.2019.
5. The petitioner No.1 party-in-person also admits that he also participated in the enquiry proceedings before the Assistant Commissioner after the remand and before passing the order of stay by this Court, the Assistant Commissioner has already complied the order of Deputy Commissioner and passed the order on 21.02.2019 prior to passing interim order of stay granted by this Court on 18.03.2019 and the order of remand made by the Deputy Commissioner dated 21.05.2018 has been complied by the Assistant Commissioner.
6. Once the order of remand has not been stayed by this Court prior to the commencement of proceedings before the Assistant Commissioner and after passing the order before the Assistant Commissioner, even the stay order cannot be sustained as the order of the Deputy Commissioner dated 02.05.2018 already been executed and complied by the respondent No.4-Assistant Commissioner and he has passed the order on 21.02.2019 prior to stay granted by this Court.
7. Therefore nothing remains for this Court to consider the validity of Annexure-A, the order of the Deputy Commissioner for remanding the matter, since the Assistant Commissioner already passed the order on 21.02.2019. The only remedy available for the petitioner to challenge the order of the Assistant Commissioner by filing an appeal to the Deputy Commissioner on the order dated 21.02.2019 under Section 5-A of the PTCL Act.
Therefore the case cannot be taken for consideration on merits of the case in view of the order of the Deputy Commissioner already been complied by the Assistant Commissioner. The petition challenging the order of Deputy Commissioner has become infructuous. Accordingly the petition deserves to be disposed of reserving liberty to the petitioners to approach the Deputy Commissioner by filing appeal on the order dated 21.02.2019 passed by the Assistant Commissioner.
All the contentions of the parties are kept open. The writ petition stands disposed of accordingly.
Sd/- JUDGE Kmv/-