IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION NO.51505/2018 (LB-RES) BETWEEN:
Sri.Pillanjinappa, Aged about 45 years, S/o late Narayanappa, Residing at Doddasanne Village, Kasaba Hobli, Devanahalli Taluk, Bangalore Rural District, PIN – 562110.
…Petitioner (By Sri.Shankaranarayana Bhat.N, Advocate) AND:
1. The Executive Officer, Taluk Panchayath, Devanahalli – 562110.
2. The Village Panchayath, Anneshwara, Devanahalli Taluk, Bangalore Rural District, Represented by its Secretary/ Panchayath Development Officer, PIN – 562110.
3. The Executive Officer, Bangalore Rural Zilla Panchayath, Bengaluru – 560009.
(By Sri.M.S.Devaraju, Advocate) ...Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to call for relevant records and set aside the order-official, memorandum passed by the Executive Officer, Taluk Panchayath Devanahalli dated 02.03.2017 marked as Annx-C in this Writ Petition.
This Petition coming on for Preliminary hearing in ‘B’ group this day, the Court made the following:
O R D E R The petitioner who is the owner of sites in Doddasanne Village which comes under the Anneshwara Grama Panchayath has challenged the order at Annexure-C whereby the order has been passed by the Executive Officer directing the Panchayath Development Officer to cancel the illegal Khatas issued and take necessary steps reporting action taken within 3 days.
2. The petitioner is stated to be the owner of the sites which have been assigned numbers and have been assessed to tax by the respondent No.2 – Village Panchayath. It is further stated that the name of the petitioner as regards to the sites are reflected in the records of the Panchayath authority and relies on the entries found in form 9 and form 11 enclosed as Annexures – A and B respectively. It is contended that as per the impugned order at Annexure-C stated to have been made in exercise of the power under Section 269 of the Karnataka Panchayat Raj Act, 1993, the order has been passed which has adversely effected the interest of the petitioner. It is further stated that the said order at Annexure-C has been passed without notice to the petitioner and direction has been issued to Panchayath Development Officer. It is further contended that the authority itself which maintains the records and issues Khathas cannot invoke Section 269 of the Act.
3. On the other hand, the learned counsel Sri.M.S.Devaraju appearing on behalf of respondent Nos.1 to 3 submits that the order at Annexure-C is self explanatory and in the light of the letter dated 03.10.2016, that has been addressed by the Chief Executive Officer wherein it specifically stated that Sri.Gopalaiah, the retired Panchayath Development Officer has issued form 1 and form 12 even after superannuation and taking note that criminal action has been initiated in that regard rightly the order at Annexure-C has been passed. It is further stated that the site which the petitioner owns is situated in land which has not been converted for non agricultural purposes and is not within the gramtana limits and hence, supports the order at Annexure-C.
4. Without entering into the merits of the matter, the only point that arises for consideration is whether any adverse order was passed which effects civil rights without notice to the concerned.
5. In the present case, it is clear as is evident from Annexures- A and B that there are entries in form 9 and form 11 in the name of the petitioner, such entries are not disputed. Inspite of the submission of learned counsel for the respondents that the said revenue records are product of illegalities, it is clear that passing of any adverse order which effects the civil rights would mandate adherence to principles of natural justice. In fact even if the statute does not provide for affording an opportunity recourse could be made to the principles of natural justice in appropriate cases.
6. In light of admitted facts, noticing the entries at Annexures-A and B in the name of the petitioner the order at Annexure-C is set aside only on the ground that there is violation of principles of natural justice. However, liberty is reserved to the respondents to take appropriate action in accordance with law by invoking power available under the Act to take action pursuant to the complaint of the Chief Executive Officer as per the report found at reference column in the order at Annexure-C.
Accordingly, petition is allowed. The impugned order at Annexure-C is set aside subject to the observations made above.
Sd/-
JUDGE NS