IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 26TH DAY OF APRIL, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH WRIT PETITION NOS.16335 TO 16336 OF 2011(KLR-
RR/SUR) C/W WRIT PETITION NO.16338 OF 2011(KLR-RR/SUR) C/W WRIT PETITION NO.16339 OF 2011(KLR-RR/SUR) WP.NOS.16335 TO 16336 OF 2011: BETWEEN:
1. SRI T.N.RAMESH S/O LATE NIJAGUNAIAH, AGED ABOUT 41 YEARS, NO.L-118, 14TH CROSS, LAKSHMINARAYANAPUR, BENGALURU – 560 021.
2. SRI M.VEERABHADRAIAH S/O MALLAIAH, AGED ABOUT 60 YEARS, RESIDING AT NO.1, II FLOOR, 40 FEET ROAD, MANJUNATHANAGAR, WEST OF CHORD ROAD, BENGALURU. ... PETITIONERS (BY SRI Y.R.SADASIVA REDDY, SR.COUNSEL FOR SRI S.SRIKANTH, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY TO REVENUE DEPARTMENT, VIDHANA SOUDHA, DR.AMBEDKAR ROAD, BENGALURU – 560 001.
2. THE SPECIAL DEPUTY COMMISSIONER BENGALURU DISTRICT, BENGALURU. ... RESPONDENTS (BY SRI T.S.MAHANTHESH, AGA) ***** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE SPECIAL DEPUTY COMMISSIONER, DATED 16.1.2010 WHICH COPY WAS SUPPLIED ON 22.1.2011 PRODUCED AT ANNEXURE-A, AND DECLARE THAT THE SAID ORDER IS IN VIOLATION OF THE PRINCIPLES OF NATURAL JUSTICE, VIOLATIVE OF ARTICLE 14 ARBITRARY AND UNENFORCEABLE AGAINST THE PETITIONER ETC., WP.NO.16338 OF 2011:
BETWEEN:
SMT.SHANTHAMMA D/O LATE SRI BORAIAH, AGED ABOUT 45 YEARS, RESIDENT OF YADAMARANAHALLI, UYYAMBALLI HOBLI, KANAKAPURA TALUK, RAMANAGARAM DISTRICT. ... PETITIONER (BY SRI Y.R.SADASIVA REDDY, SR.COUNSEL FOR SRI S.SRIKANTH, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY TO REVENUE DEPARTMENT, VIDHANA SOUDHA, DR.AMBEDKAR ROAD, BENGALURU – 560 001.
2. THE SPECIAL DEPUTY COMMISSIONER BENGALURU DISTRICT, BENGALURU.
3. THE TAHSILDAR BENGALURU SOUTH TALUK, BENGALURU. ... RESPONDENTS (BY SRI T.S.MAHANTHESH, AGA) ***** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE SPECIAL DEPUTY COMMISSIONER, DATED 16.1.2010 WHICH COPY WAS SUPPLIED ON 22.1.2011 PRODUCED AT ANNEXURE-A, AND DECLARE THAT THE SAID ORDER IS IN VIOLATION OF THE PRINCIPLES OF NATURAL JUSTICE, VIOLATIVE OF ARTICLE 14 ARBITRARY AND UNENFORCEABLE AGAINST THE PETITIONER ETC., WP.NO.16339 OF 2011:
BETWEEN:
SRI N.H.SHIVASIDDEGOWDA S/O HONNEGOWDA, AGED ABOUT 40 YEARS, RESIDENT OF VINAYAKA POULTRY FARM, SY.NO.111/2B, LAGGERE –(v) YESHAVANTHAPURA HOBLI, BENGALURU NORTH TALUK. ... PETITIONER (BY SRI Y.R.SADASIVA REDDY, SR.COUNSEL FOR SRI S.SRIKANTH, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY TO REVENUE DEPARTMENT, VIDHANA SOUDHA, DR.AMBEDKAR ROAD, BENGALURU – 560 001.
2. THE SPECIAL DEPUTY COMMISSIONER BENGALURU DISTRICT, BENGALURU. ... RESPONDENTS (BY SRI T.S.MAHANTHESH, AGA) ***** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 16.1.2010 PASSED BY SPECIAL DEPUTY COMMISSIONER, BENGALURU, PRODUCED AT ANNEXURE-N, AND RESTRAIN THE RESPONDENTS FROM ENFORCITNG THE IMPUGNED ORDER AS AGAINST THE PETITIONER ETC., THESE WRIT PETITIONS COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The plea of the petitioners is that without notice to him, the Deputy Commissioner has passed the impugned orders, directing the Tahsildar to verify and take necessary action with respect to the lands in question.
2. The primary contention of the learned counsel for the petitioner is that without notice, the impugned order could not have been passed.
3. The learned Government Advocate on instructions and based on the available records submits, that the records would disclose that notice has not been issued to the petitioners even though they are entitled in law to such a notice.
4. Hence, on this ground itself, the petitions are allowed. The order of the Deputy Commissioner dated 16.01.2010, vide Annexures – A in W.P.Nos.16335-36 of 2011, Annexure-A in W.P.Nos.16338 of 2011 and Annexure-N in W.P.No.16339 of 2011 are quashed. The matter is remanded back to the Special Deputy Commissioner for a fresh disposal on merits, in accordance with law.
5. The Special Deputy Commissioner to hear the petitioners and to consider the material to be produced by them and thereafter pass appropriate orders in accordance with law. For this purpose the petitioners to appear before the Special Deputy Commissioner on 05.06.2017. The petitions are disposed off accordingly.
Sd/- JUDGE JJ Corrections carried out on 25.05.2017. Consequently, this page is retyped and replaced.