IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.6178 OF 2013 BETWEEN:
1. SRI. ASHOKA S/O HUCHAPPA, AGED ABOUT 30 YEARS HOSAHUDYA VILLAGE CHICKBALLAPURA TALUK CHICKBALLAPURA-562101 2. SRI MANJUNATHA S/O HANUMANTHAPPA AGED ABOUT 30 YEARS HOSAHUDYA VILLAGE, CHICKBALLAPURA TALUK CHICKBALLAPURA-562101.
(BY SRI:K.N.NITISH ADVOCATE, FOR SRI: K V NARASIMHAN, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY POLICE INSPECTOR SIDLAGHATTA CIRCLE SHIDLAGHATTA RURAL P.S. CHICKBALLAPURA-562101.
... PETITIONERS 2. SRI SUBRAMANYA REVENUE INSPECTOR, KASABA HOBLI SIDLAGHATTA TALUK CHICKBALLAPURA DISTRICT-562101.
(BY SRI: NASRULLA KHAN, HCGP) ... RESPONDENTS THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR REGISTERED BY THE 1ST RESPONDENT POLICE INSPECTOR, SHIDLAGHATTA CIRCLE, SHIDLAGHATTA RURAL P.S., CHICKBALLAPURA, AGAINST THE PETITIONER IN CR. NO.277/2013 AT ANNEXURE-B BEFORE THE HON'BLE COURT OF PRL.C.J. (SR.DN.) AND C.J.M., SIDLAGHATTA, CHIKKABALLAPURA DIST.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioners.
Petitioners have sought to quash the F.I.R. registered against them for the offences punishable under section 73 of the Karnataka Land Revenue Act, 1964.
2. The allegations against the petitioners are that the petitioners were found removing mud from Government land without requisite permission.
3. The offence charged against the petitioners is under section 73 of the Karnataka Land Revenue Act. The section reads as under:
“73. Recovery of value of natural product unauthorisedly removed from certain lands.— (1) Any person who shall unauthorisedly remove from any land which is set apart for a special purpose or from any land which is the property of Government, any natural product shall be liable to the State Government for the value thereof which shall be recoverable from him as an arrear of land revenue, in addition to any penalty to which he may be liable under this Act for such unauthorised removal; and notwithstanding any criminal proceedings which may be instituted against him in respect of such unauthorised removal.
(2) The decision of the Tahsildar as to the value of any such natural product shall be final.”
4. Under the said provision, the Revenue Authorities are entitled to recover the value of the natural product. No criminal offence is alleged against the petitioners nor any allegations are made attracting the offences punishable under the provisions of Indian Penal Code. Under the said circumstances, prosecution of the petitioners is without authority of law and an abuse of process of court.
Hence, the petition is allowed. The impugned proceedings registered against the petitioners in Cr.No.277/2013 by the Sidlaghatta Rural Police Station pending before the Court of Prl. Civil Judge (Sr. Dn.) and C.J.M., Sidlaghatta, Chikkaballapura district are quashed.
Sd/- JUDGE Bss