IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.1170 of 2019 (GM-R/C) BETWEEN:
Sri Kanave Basaveshwara Swamy Temple Trust A registered Trust having its office at No. Sultanpet Village, Nandi Hobli Chikkaballapura Taluk & District- 562 101 Represented by its Managing Trustee Sri M.P.Pandith Aradhya S/o late K.M.B. Aradhya Aged 65 years R/at No.109, 2nd Cross, 2nd Main 4th Phase, New Town,Yelahanka Bangalore- 560 064. … Petitioner (By Sri.Prajwal K.Aradhya, Adv. For Sri.S.Kalyan Basavaraj) AND:
1. State of Karnataka Department of Revenue M.S.Building Dr.B.R.Ambedkar Veedhi Bangalore-560 001 2. The Deputy Commissioner Chikkaballapura District Chikkaballapura- 562 101 3. The Tahasildar Chikkaballapur Taluk Chikkaballapur 4. The Deputy Tahasildar Nandhi Hobli, Chikkaballapur Taluk Chikkaballapur- 562 101. … Respondents (By Sri. V.Shivareddy, HCGP) This Writ Petition is filed under articles 226 and 227 of the Constitution of India, praying to quash the notice dtd: 28.12.2018 issued by the Tahasildar, Chikkaballapur Taluk, Chikkaballapur (Produced at Annexure-A) and etc.
This petition coming on for Preliminary hearing in B group, this day, the Court made the following:-
ORDER Sri.Prajwal K.Aradhya, Adv. For Sri.S.Kalyan Basavaraj, learned counsel for petitioners, Sri. V.Shivareddy, High Court Government Pleader for Respondents.
In this petition, petitioner interalia has prayed for the following reliefs:-
a) Issue a writ of certiorari to quash the Notice bearing No.D.V.S.CR/51/18-19 dated 28.12.2018 issued by the 3rd respondent, the Tahasildar, Chikkaballapur Taluk, Chikkaballapur (produced at Annexure-A);
b) Issue any other direction or orders as this Hon’ble Court may deem fit to grant in the circumstances of the case in the interest of justice and equity.
2. When the matter was taken up, learned counsel for the petitioner submitted that the Tahasildar has no jurisdiction to issue the impugned notice dated 28.12.2018. On the other hand, Sri. V Shivareddy, learned High Court Government Pleader submits that Assistant Commissioner is the competent authority to issue notice.
3. I have considered the submissions made on both sides.
4. Since the impugned notice has been issued by the incompetent authority, same is hereby quashed and set aside. However, liberty is granted to the respondents to take action against the petitioner in accordance with law, if so advised.
Accordingly, petition is disposed of.
Sd/- JUDGE brn