IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION No. 55528/2017 (KLR-RES) BETWEEN:
SRI. RANOJI RAO S/O LATE HESOJI RAO R/A THIMMASANDRA VILLAGE JALA HOBLI BANGALORE NORT(ADDL) TALUK BANGALORE- 560 064 ALSO AVILABLE AT C/O SRI JOTHOJI RAO.T.V NO.11/1, 4TH MAIN ROAD PALACE GUTTAHALLI BANGALORE-560003.
(By Sri. BALAJI RAGHUNATHAN, ADV.) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS THE PRINCIPAL SECRETARY REVENUE DEPARTMENT VIKASA SOUDHA BANGALORE-560001 2. THE SPECIAL DEPUTY COMMISSIONER ... PETITIONER BANGALORE NORTH & NORTH (ADDL) TALUK BANGALORE – 560 009 3. THE TAHSILDAR BANGALORE NORTH (ADDL) TALUK YELAHANKA BANGALORE- 560 064.
(By Sri.T.S.MAHANTESH, AGA FOR R1 TO R3) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS FROM OFFICE OF THE RESPONDENTS AND QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE-A AND CONSEQUENTLY BE PLEASED TO ALLOW THIS PETITION BY DIRECTING THE REVENUE AUTHORITIES TO RESTORE THE NAME OF THE PETITIONER IN THE REVENUE RECORDS AS OWNER OF THE SCHEDULE PROPERTY IN QUESTION.
THIS PETITION COMING ON FOR FURTHER PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioner has come up in this petition impugning the order passed by respondent No.2 in proceedings No.RR.T(2)N(A)C.R.13/2010-11 vide order dated 24.10.2011.
2. Admittedly, the 2nd respondent does not have competence to pass the order impugned pursuant to the observations made by the Division Bench of this Court in W.P.Nos.51555-52/2013 disposed of by order dated 26.08.2014, which is followed in several other writ petitions before this bench. Hence, the order impugned is hereby set-aside reserving liberty to the State to get the same adjudicated by competent authority.
Accordingly, the writ petition is disposed of.
Sd/-
JUDGE ln.