IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE S. SUNIL DUTT YADAV WRIT PETITION Nos.5433-5438/2019 (LB-RES) Between:
1. Sri. S.P. Lingaraju S/o. Sri. Shop Puttanna, Aged about 54 years, 956/866, B.M. Road, Sakleshpur – 573 134.
2. Sri. S.V. Suresh S/o. Late S.R. Venkatakrishnayya, Aged about 73 years, 806/727, B.M. Road, Sakleshpur – 573 134.
3. Sri. M.N. Karthik S/o. Late M.P. Nagesh, Aged about 47 years, 964/873/A, B.M. Road, Sakleshpur – 573 134.
4. Sri. B.C. Jayanth S/o. Late B.M. Chandrashekar, Aged about 65 years, B.M. Road, Sakleshpur – 573 134.
5. Smt. B.N. Shashi Rekha W/o. Sri. B. Shantharaj, Aged about 70 years, 850/938, B.M. Road, Sakleshpur – 573 134.
6. Smt. C.K. Lalitha W/o. Late K.S. Shivakumar, Aged about 66 years, 3881/3552, B.M. Road, Sakleshpur – 573 134. ... Petitioners (By Sri. Prakash G.R., Advocate) And:
1. State of Karnataka, Rep. by its Secretary to Public Works Department, Multistoried Buildings, Bengaluru – 560 001.
2. The Deputy Commissioner, Hassan District, Hassan – 573 201.
3. The Assistant Commissioner and Land Acquisition Officer, Sakleshpur Sub-Division, Sakleshpur – 573 134.
4. The Chief Officer, Sakleshpur Town Municipality, Sakleshpur – 573 134. ... Respondents (By Sri. M.A. Subramani, HCGP for R1 to R3; Sri. A. Ravishankar, Advocate for R4) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India, praying to issue direction transferring the proceedings initiated under Section 82 of Karnataka Municipalities Act, 1964 before the R-2-Deputy Commissioner, Hassan District in case vide Annexure-B to any other officers holding the post of Deputy Commissioners of any adjoining district.
These Writ Petitions coming on for Orders this day, the Court made the following:
ORDER The petitioners stating to be aggrieved by certain statements said to have been made by respondent No.2- Deputy Commissioner in the course of proceedings pending in case No. Munisi(2)CR/CC/04/2018-19 dated 24.01.2019, have filed the present writ petition seeking for transfer of the said proceedings pending before the Deputy Commissioner to any other Officer competent to hear the matter.
2. The petitioners state that the oral observations made during the proceedings would give an impression that the Deputy Commissioner who is exercising quasi judicial power has already made up her mind as regards final orders to be passed and hence, the petitioners state that they do not expect justice in the proceedings pending before the Deputy Commissioner. The Deputy Commissioner has filed an affidavit rebutting the allegations made and has observed at para-8 of the affidavit as follows:
“8. I state that I have acted only in terms of the directions issued by this Hon’ble Court in W.P.Nos.30738-30757/2018.
Further, I will follow the due process of law and only thereafter final orders will be passed.”
3. Without entering into the contentions on their merits and recording a finding as regards the allegations made, taking note of the submission of the learned Additional Government Advocate and also the averment at para-8 of the affidavit, the petition is disposed of with a direction to the Deputy Commissioner to conduct the proceedings in a manner so as to inspire confidence in the litigants who have approached the authority and the undertaking at para-8 of the affidavit is to be observed in letter and spirit.
4. The Deputy Commissioner is to make all endeavor to ensure that the proceedings are conducted in a congenial atmosphere to ensure that the parties are afforded an opportunity in placing their case before the authority.
5. The petitioners express their apprehension that the respondent authorities are acting with undue haste. The petitioners further state that when the orders are passed it must be implemented after affording reasonable time and opportunity to obtain appropriate redressal in accordance with the appeal/revisional redressal mechanisms as provided for under the Statute as against such orders.
6. All that could be observed is that the proceedings being conducted are as regards enforcement of certain statutory duties and the implementing agencies also to keep in mind that the order once passed must provide for an adequate opportunity of being legally redressed as per hierarchy provided for under the Act and law. This is to be taken note of by the implementing agencies.
Accordingly, the petition is disposed of subject to above observations.
I.A.Nos.1 and 2/2019 are dismissed as withdrawn in light of the memo filed by the impleading applicants.
Sd/- JUDGE SJK