IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.Nos.34018-22/2017 (KLR-RR/SUR) BETWEEN 1. SRI B.NIRANJAN KUMAR S/O LATE BHOJA RAO, R/AT NO.12-354, SAIKRUPA, 3B CROSS, BASAVA SAMITHI LAYOUT, VIDHYARANYAPURA, BENGALURU-560097.
2. MR JACOB CYRIAC, S/O K.C.CYRIAC, R/AT NO.536, CHAVARA HOUSE, 1ST CROSS, 4TH BLOCK, H B R LAYOUT, KALYANNAGAR, BENGALURU-560043.
3. SANTOSH E.C.
S/O CHANDRAMURTHY K., AGED ABOUT 37 YEARS 4. SMT.SHILPA R.Y. W/O SANTOSH E.C., BOTH R/AT NO.E-202, PURVA PAVILION, KEMPAPURA HEBBAL, BENGALURU-560024.
5. SUBRAMANIAN NAGARAJ, S/O SUBRAMANIAN, R/AT NO.05, SUNENA SRINIVAS, MATHRU LAYOUT, SAI BABA TEMPLE ROAD, NEAR MOTHER DAIRY, YELAHANKA, BENGALURU-560065.
6. SHAIK MOHAMMED RAFI, S/O SHAIK KASIM SAAB, R/AT D.NO.4-1133, NOOR MASJID STREET, GORANTLA ANANTHPUR, ANDRAPRADESH-515231 7. SMT. SHAIK RAZIYA W/O SHAIK MOHD RAFI R/AT D.NO.4-1133, NOOR MASJID STREET, GORANTLA ANANTHPUR, ANDRAPRADESH-515231. ... PETITIONERS (By Sri ROHITH GOWDA, ADV.) AND 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, REP BY PRINCIPAL SECRETARY.
2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, BANGALORE.
3. THE SPECIAL DEPUTY COMMISSIONER BANGALORE NORTH TALUK AND ADDL NORTH TALUKS, BENGALURU, 4. THE ASST COMMISSIONER BENGALURU NORTH TALUK, BENGALURU.
5. THE TAHASILDAR BENGALURU NORTH TALUK, BENGALURU.
6. M/S BRUNDAVAN REAL ESTATE PVT LTD NO.65, BRINDAVAN, SANJEEVENINAGAR, SAHAKARNAGAR, BENGALURU-560092 REP BY ITS DIRECTOR -
SRI NANDAGOPAL REDDY. ... RESPONDENTS (By Smt.PRAMODINI KISHAN, AGA FOR R1-R5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 13.1.2012 PASSED BY R-3 IN PROCEEDINGS AT ANNEX-H AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Order dated 13.01.2012 passed by the Special Deputy Commissioner, Bangalore North Taluk and Additional North Taluk, Bangalore, is called in question in these writ petitions. The said order is passed exercising power under Section 136(3) of the Karnataka Land Revenue Act, 1964, directing removal of the name of petitioner from the revenue records in respect of 2 acres of land comprised in Sy.No.76/P18 of Chikkajala Village in Bangalore North (Additional) Taluk. The Deputy Commissioner has come to the conclusion that there was no lawful grant made in favour of the original grantee and therefore, entries in the revenue records had to be made in the name of Government.
2. At the outset it is submitted by the learned counsel for petitioner that as per the circular issued by the State Government on 10.10.2014 bearing No.RD 807 ASD 2014 it has been made clear that orders passed by Special Deputy Commissioners in Bangalore in exercise of powers under Section 136(3) of the Act after 10.10.2011 were illegal and could not be enforced in view of the order passed by the High Court and therefore, the said orders had to be reviewed by the competent authorities.
3. The circular makes it clear that the Special Deputy Commissioners of IAS cadre, in-charge of the post were competent to pass necessary orders in that connection and not of K.A.S.cadre.
4. Learned Additional Government Advocate submits that in the light of this circular issued by the State Government, order under challenge is not sustainable in law. She, however, requests the Court to reserve liberty to the authorities concerned to initiate fresh proceeding in accordance with law.
5. In the light of the submission made by the learned Additional Government Advocate, these writ petitions are allowed. Impugned order at Annexure-H which is passed without jurisdiction and without authority, as is clear from the circular issued by the State Government produced at Annexure-L, is quashed. Liberty is reserved to the competent authority to initiate fresh proceeding if they so choose. In case any such proceeding is initiated, fair and reasonable opportunity of hearing has to be provided to the petitioner before passing any order in the matter.
Learned Additional Government Advocate is permitted to file memo of appearance within three weeks.
Sd/- JUDGE VP