IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE B. VEERAPPA WRIT PETITION Nos.44421-44455/2017(KLR) BETWEEN:
1. SRI S. R. BELLEGOWDA, AGED ABOUT 37 YEARS, S/O RAMAPPA, R/O GIRIJAMPETE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN:563102.
2. SRI. B.S. SRIRAMAIAH, AGED ABOUT 66 YEARS, S/O BUJJAPPA, R/O GIRIJAMPETE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN:563102.
3. SMT. MANJULA, AGED ABOUT 48 YEARS, S/O MUNIRAJU, R/O SHETTIHALLI VILLAGE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
4. SRI. S.N. MUNE GOWDA, AGED ABOUT 42 YEARS, S/O A. NARAYANA GOWDA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST,VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
5. SRI. S. SHIVANNA, AGED ABOUT 49 YEARS, S/O LATE SONNAPPA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST,VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
6. SRI. MUNE GOWDA, AGED ABOUT 50 YEARS, S/O VENKATESHAPPA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
7. SRI. M. NARAYANASWAMY, AGED ABOUT 75 YEARS, S/O LATE MUNISHAMAY GOWDA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
8. S.M. NARAYANASWAMY AGED ABOUT 75 YEARS, S/O LATE S.P. MUNIYAPPA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
9. SRI. S. NARAYANAPPA, AGED ABOUT 75 YEARS, S/O SONNAPPA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST,VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
10. SRI. SOMASHEKAR, AGED ABOUT 36 YEARS, S/O KEMPAIAH, R/O SHETTIHALLI VILLAGE, MEDIHALA POST,VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
11. SRI. AALARI VENKATESHAPPA, AGED ABOUT 68 YEARS, S/O LATE NARAYANAPPA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
12. SRI. V. EERA GOWDA AGED ABOUT 50 YEARS, S/O VENKATESHAPPA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST,VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
13. SRI. S.L. MANJUNATHA GOWDA, AGED ABOUT 50 YEARS, S/O G. LAKSHMANA GOWDA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TLAUK AND DISTRICT, PIN:563102.
14. SRI. S.N.BYRE GOWDA AGED ABOUT 36 YEARS, S/O LATE NANJUNDAPPA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST,VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
15. SRI. S.N. RAGHUNATHA, AGED ABOUT 49 YEARS, S/O LATE NARAYANAPPA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
16. SRI. S.M. BELLEGOWDA, AGED ABOUT 47 YEARS, S/O MUNISHAMY GOWDA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST,VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
17. SRI. SRI. BYRAPPA AGED ABOUT 65 YEARS, S/O LATE CHIKKANNA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
18. SRI. K. MUNIYAPPA AGED ABOUT 37 YEARS, S/O LATE KENCHAPPA R/O SHETIHALLI VILLAGE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
19. SRI. POOJAPPA, AGED ABOUT 55 YEARS, S/O LATE MUNIYAPPA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
20. SRI. NARAYANASWAMY, AGED ABOUT 58 YEARS, S/O KADHIRAPPA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
21. SRI. MARIYAPPA, AGED ABOUT 58 YEARS, S/O LATE NARAYANAPPA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
22. SRI. MUNIRAJA, AGED ABOUT 30 YEARS, S/O NARAYANAPPA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST,VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
23. SRI. NARAYANAPPA, AGED ABOUT 50 YEARS, S/O DODDAERAPPA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
24. SRI. VENKATARAJU, AGED ABOUT 60 YEARS, S/O LATE MUNISHAMAPPA, R/O GIRIJAMPETE VILLAGE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN:563102.
25. SRI. VENKATAPPA AGED ABOUT 65 YEARS, S/O LATE MALLAPPA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
26. SRI. NARASAPPA, AGED ABOUT 58 YEARS, S/O LATE MUNIYAPPA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
27. SRI. NARAYANAPPA, AGED ABOUT 58 YEARS, S/O KADHIRAPPA R/O SHETTIHALLI VILLAGE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
28. SRI. CHANDRAPPA, AGED ABOUT 45 YEARS, S/O MUNIVENKATAPPA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
29. SRI. N. ANNAYAPPA, AGED ABOUT 68 YEARS, S/O LATE NARAYANAPPA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
30. SMT. LAKSHMAMMA, AGED ABOUT 68 YEARS, W/O LATE PILLAPPA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
31. SMT. NARAYANAMMA, AGED ABOUT 45 YEARS, D/O SONNAPPA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
32. SMT. GURRAMMA, AGED ABOUT 70 YEARS, W/O LATE MUNIYAPPA, R/O SHETTIHALLI VILLAGE, MEDIHALA POST, VEMAGAL HOBLI, KOLAR TALUK AND DISTRICT, PIN: 563102.
... PETITIONERS (BY SRI PAPI REDDY G., ADVOCATE) AND:
1. STATE OF KARNATAKA REVENUE DEPARTMENT, M.S. BUILDINGS, DR. AMBEDKAR VEEDHI, BANGALORE 560001.
REPRESENTED BY ITS PRINCIPAL SECRETARY, 2. THE TAHSILDHAR, KOLAR TALUK, KOLAR 563101.
... RESPONDENTS (BY SMT. PRAMODHINI KISHAN, AGA) ***** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE EVICTION ORDER DATED 21.7.2017 PASSED BY THE R-2 IN LND (2) CR. 116/2014-15 VIDE ANNEXURE-G.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Petitioners have filed these writ petitions for a writ of certiorari to quash the eviction order dated 21.7.2017 passed by the 2nd respondent in LND(2)CR 116/14-15 as per Annexure-G.
2. It is the case of the petitioners that they are the rightful owners in lawful possession and enjoyment of the house properties described in the schedules to the writ petitions; Vacant sites of the house properties described in the schedules are granted to the petitioner Nos.18 to 32 under the Ashraya Scheme by the jurisdictional Block Development Officer and the Tahsildar of Kolar taluk during the year 1972; Subsequent to grant of the residential sites, dwelling houses have been constructed by petitioner Nos.18 to 32 in the respective sites allotted to them; Petitioner Nos.1 to 17 have purchased sites from the original allottees and have constructed houses and residing with their families. It is further case of the petitioners that the authorities concerned issued license, ration cards, Voter IDs, Aadhar Cards and other relevant records to them to show that they are residing in their respective houses constructed on the said sites.
3. When the things stood thus, the 2nd respondent - Tahsildar without issuing show cause notice and without giving opportunity of hearing to the petitioners, unilaterally passed the impugned eviction order on 21.7.2017 calling upon the petitioners to vacate and hand over the schedule properties with a warning that criminal prosecution will be initiated against them under the provisions of Section 192-A of the Karnataka Land Revenue Act, 1964 in the event of not vacating the schedule properties. Therefore petitioners are before this Court for the reliefs sought for.
4. I have heard the learned counsel for the parties to the lis.
5. Sri Papi Reddy, learned counsel for the petitioners vehemently contended that the impugned order of eviction passed by the 2nd respondent - Tahsildar is totally without jurisdiction; The house properties belonging to the petitioners situated within the administrative jurisdiction of Shettihalli Village Grama Panchayath and therefore the provisions of Karnataka Land Revenue Act, 1964 have no application to the properties referred to in the eviction order. He further contended that the Respondent No.2 – Tahsildar has no jurisdiction to pass an eviction order being an authority functioning under Karnataka Land Revenue Act, 1964. He also contended that the impugned order passed by the 2nd respondent – Tahasildar is without notice and opportunity to the petitioners and is in utter violation of principles of natural justice. He further contended that the impugned eviction order passed by the Tahsildar without holding any enquiry as contemplated under the provisions of Section 192-A of the Karnataka Land Revenue Act and the law declared by this Court in the case of SMT. LALITHA SASTRY .vs. STATE OF KARNATAKA Rep. BY ITS SECY., DPAL & ORS. reported in ILR 2008 KAR 4520. Therefore the very impugned eviction order is in utter violation of principles of natural justice and cannot be sustained and therefore he sought to quash the impugned order passed by the 2nd respondent.
6. On taking notice to the respondents, Smt.
Pramodhini Kishan, learned Additional Government Advocate submits on instructions that the impugned eviction order may be treated as show cause notice permitting the petitioners to file objections to the said show cause notice and the Tahsildar shall consider all the objections and after holding enquiry shall pass orders in accordance with law.
7. I have given my thoughtful consideration to the arguments advanced by the learned counsel for the parties and perused the material placed on record carefully.
8. It is the specific case of the petitioners that they are in possession and enjoyment of the properties mentioned in the eviction notice by constructing houses. To be more specific, vacant sites of the house properties were granted to petitioner Nos.18 to 32 under the Ashraya Scheme by the jurisdictional Block Development Officer and the Tahsildar of the Kolar during the year 1972. Subsequent to grant of residential sites, the dwelling houses have been constructed by petitioner Nos.18 to 32 in their respective sites allotted to them. Further petitioner Nos.1 to 17 have purchased sites from the original grantees and they have constructed the houses and residing with their families. It is also not in dispute that the authorities concerned issued license, ration cards, Voter IDs, Aadhar Cards etc., to show that petitioners are residing in their respective houses constructed on the said sites. The material documents i.e., Annexures – A1 to 19 (copies of registered sale deeds), B1 to B35 (copies of extract of tax demand register), C1 to C17 (copies of Aadhar Cards), D1 to D15 (Copies of Grant Certificates), E1 to E15 (copies of tax paid receipts issued by the concerned Gram Panchayath) and F1 to F15 (copies of Aadhar Cards) primafacie show that the petitioners are in possession and enjoyment of the properties in question.
9. The eviction order passed by the Tahsildar dated 21.7.2017 is only a eight lines order and it states that Sy.No.68 is a Government gomal land and all the petitioners are encroachers of the land in the said survey number and inspite of notice issued, they have not vacated the schedule properties and therefore eviction order is passed. It is also stated in the eviction order that if the petitioners do not voluntarily vacate and hand over the properties in question, action will be initiated under Section 192-A of the Karnataka Land Revenue Act, 1964.
10. The order - Annexure - ‘G’ also depicts the beneficiaries to whom the grant certificates are issued, measurement of property and details as to whether site is vacant or construction is put up etc., Serial No.24 of the order - Annexure-G pertains to building of the Gram Panchayath and Serial No.26 pertains to Veterinary Hospital. The eviction order does not disclose any notice of opportunity given to all these petitioners. Absolutely no enquiry is held by the Tahsildar, but proceeded to pass the impugned order only on the basis of the reference made in Public Interest Litigation in W.P. Nos.15511-14/2013 and connected matters and O.S. Nos.1/2010 dated 16.6.2011. Except reference to the above, there is absolutely no discussion in the order. The eviction order is not a speaking order. Absolutely no reasons are assigned and procedure contemplated by this Court in the case of SMT. LALITHA SASTRY .vs. STATE OF KARNATAKA Rep. BY ITS SECY., DPAL & ORS. reported in ILR 2008 KAR 4520 has not been followed.
11. For the reasons stated above, the impugned eviction order dated 21.7.2017 as per Annexure-G is treated as show-cause notice issued to the petitioners to explain as to why action should not be taken against them and petitioners are permitted to file objections alongwith the documents to show that they are in possession of the properties in question by virtue of the grant certificates issued and sale deeds executed by the owners of the respective sites/house properties within a period of four weeks from the date of receipt of copy of this order. Petitioners are permitted to file objections including the jurisdiction of the Tahsildar. The Tahsildar is directed to consider the objections alongwith the documents and hold detail enquiry as contemplated by this Court in the case of case of SMT. LALITHA SASTRY .vs. STATE OF KARNATAKA Rep. BY ITS SECY., DPAL & ORS. reported in ILR 2008 KAR 4520 if he has jurisdiction to proceed in respect of the properties in question and pass orders in accordance with law. Till such consideration, the Tahsildar is directed not to dispossess/evict the petitioners from the properties in question.
12. All the contentions of both the sides are left open to be urged before the 2nd respondent - Tahsildar and the Tahsildar shall consider and pass orders in accordance with law.
13. With the above observations, the writ petitions are disposed of.
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JUDGE