IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 25TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON'BLE MR. JUSTICE ASHOK S. KINAGI WRIT PETITION NO. 45584 OF 2019 (KLGP) BETWEEN:
KALEGOWDA SON OF LATE KEMPARASEGOWDA AGED 70 YEARS OCCUPATION: RETIRED GOVERNMENT SERVANT, RESIDING AT NO.9;34 47TH “A” CROSS 1ST MAIN ROAD, 8TH BLOCK JAYANAGAR BENGALURU-70.
(BY SRI. NANDISH PATIL, ADVOCATE) AND:
….PETITIONER 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY REVENUE DEPARTMENT M S BUILDING BENGALURU-560 001.
2. DEPUTY COMMISSIONER BENGALURU BENGALURU DISTRICT-560 001.
3. TAHSILDAR SOUTH DIVISION BANGALORE BENGALURU DISTRICT-560 001.
4. RANKA SON OF LATE G S BINDRA AGE MAJOR 5. SHILE DAUGHTER OF LATE G S BINDRA AGE MAJOR 6. AJITHA SON OF LATE G S BINDRA AGE MAJOR 7. DEVANKARADAR KOUR CARE OF LATE B S BINDRA AGE MAJOR 8. SONIA DAUGHTER OF LATE B S BINDRA AGE MAJOR 9. RANKA SON OF LATE B S BINDRA AGE MAJOR ALL ARE RESIDING AT NO.521 8TH CROSS, 7TH BLOCK EAST JAYANAGAR BENGALURU-560 011.
….RESPONDENTS (BY SRI. T P SRINIVASA, AGA FOR R-1 TO R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22.08.2019 PASSED IN LGC(P) No. 1408.2018 BY THE LAND GRABBING PROHIBITION SPECIAL COURT AT BANGALORE VIDE ANNEXURE-B AND THE COMPLAINT VIDE ANNEXURE-A DATED 31.08.2018 MAY KINDLY BE RESTORED FOR FRESH ADJUDICATION.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, RAVI MALIMATH J., MADE THE FOLLOWING:
ORDER This petition is filed seeking to quash the order dated 22.08.2019, passed in LGC(P)1408 of 2018 by the Land Grabbing (Prohibition) Special Court at Bengaluru.
2. The impugned order indicates that the complainant was not present on the date the impugned order was passed. On considering the report filed by the Tahsildar, the proceedings were dropped. Hence, this petition.
3. The learned counsel for the petitioner contends that in his absence, the order has been passed and hence, an opportunity be granted.
4. 13(7) of the Karnataka Land Grabbing Prohibition (Special Court) Regulations, 2017, indicates that in any case, in which an exparte order is passed, the aggrieved party may apply to the Special Court, to set aside the order, in case he satisfies the Special Court, the reasons for his absence.
5. Under the said circumstances, we do not find it appropriate to entertain this petition. The petitioner has an alternative and efficacious remedy. Hence, the writ petition is dismissed with the aforesaid liberty.
Sd/- Sd/-
JUDGE JUDGE RD