IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.49023/2018(KLR-RES) BETWEEN:
SRI B.D.KUTTAPPA S/O LATE B.S.DEVAIAH AGED ABOUT 59 YEARS BAVALY VILLAGE, PARANE POST SOUTH KODAGU 571 212 PRESENTLY AT NO.27 CHANDRASHEKARA COMPLEX 1ST MAIN, GANDHINAGARA, BENGALURU – 560 009 …PETITIONER (BY SRI GANGI REDDY.B.V, ADVOCATE) AND :
1. THE DEPUTY COMMISSIONER MADIKERI KODAGU DISTRICT – 571 201 2. THE ASSISTANT COMMISSIONER MADIKERI TALUK KODAGU DISTRICT – 571 201 …RESPONDENTS (BY SRI T.S.MAHANTESH, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER WHICH IS MARKED AS ANNEXURE-G DATED 19.8.2017 AND DEAL WITH THEM IN ACCORDANCE WITH LAW.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner herein is claiming that he and his wife are owners to an extent of 3 acres of land in Sy.No.141/9 of Bavaly village, Parane Post, Kodagu District.
2. According to the petitioner, Village Accountant – Anup Sabastine and Revenue Inspector – Ramaiah G.B of Napoklu Nadu, Madikeri Taluk, have illegally transferred 55 cents of land out of 3 acres in Sy.No.141/9 from the holding of petitioner and his wife to the name of one Mr.B.N.Karumbaiah by forging signature of the petitioner in From No.21 under Rule 65 of the Karnataka Land Revenue Rules, 1966. It is stated that the signature found in the said document is not the signature of either petitioner or his wife, which according to the petitioner, is forged by said B.N.Karumbaiah along with Village Accountant – Anup Sabastine and Revenue Inspector – Ramaiah G.B of Napoklu Nadu, Madikeri Taluk. In this background, it is stated that a representation is given to the Additional Secretary of Revenue Department and Deputy Commissioner of Madikeri on 19.8.2017, which is not considered till today. Hence, this writ petition.
3. Heard the learned counsel for the petitioner as well as learned Additional Government Advocate for respondents. Perused the material on record. The same would indicate that though the representation of the petitioner is on 19.8.2017 till today the same is not considered by the respondent authority. Hence, the Deputy Commissioner, Madikeri, is directed to look in to the representation of the petitioner, take appropriate steps, seek explanation from the aforesaid officers and if it is found that there is indeed collusion between the officials/officers with said B.N.Karumbaiah in transferring land belonging to the petitioner in favour of Karumbaiah, to take necessary action against the concerned officer/official after conducting appropriate enquiry.
4. With such observations, this writ petition is disposed of. It is made clear that the aforesaid exercise shall be completed within four weeks from the date of receipt of a copy of this order.
Sd/- JUDGE nd/-