IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2019 PRESENT THE HON’BLE MR.L. NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.S. DINESH KUMAR WRIT APPEAL NO.68 OF 2019 (KLR-RES) BETWEEN :
SYED YOUSUF S/O SYED HYDER, AGED ABOUT 57 YEARS, R/AT NO.9, 4TH CROSS, 9TH MAIN, BTM LAYOUT, 1ST STAGE, BENGALURU-560 029.
(BY SRI SHANKARANARAYANA BHAT, ADV.,) AND :
1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU 560 001.
REP. BY ITS SECRETARY.
2. ADDL. DEPUTY COMMISSIONER BENGALURU DISTRICT, BENGALURU.
KANDAYA BHAVANA, K.G.ROAD, BENGALURU-560 001.
... APPELLANT 3. SPECIAL TAHASILDAR BENGALURU SOUTH TALUK, KANDAYA BHAVANA, K.G.ROAD, BENGALURU-560 001.
4. M/S DREEMZ INFRA INDIA LTD., REP. BY ITS MANAGING DIRECTOR, DISHA CHOWDARI, NO.577/B, 2ND FLOOR, OUTER RING ROAD, TEACHERS COLONY, NEAR SILK BOARD, KORAMANAGALA, BENGALURU-560 034.
5. SRI KAILASH MANDAL S/O LATE BILLU MANDAL, AGED: MAJOR, R/AT NO.201, GEETANJALI RESIDENCY, 1ST CROSS, KAGGADASAPURA MAIN ROAD, C.V.RAMAN NAGARA POST, BENGALURU-560 093.
... RESPONDENTS (BY SRI Y.H. VIJAYA KUMAR, PRL. GOVT. ADV., FOR R1 TO R3) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO.58025/2018 DATED 26.12.2018 AND ALLOW THIS APPEAL AND ETC., THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, P.S. DINESH KUMAR J., DELIVERED THE FOLLOWING:
JUDGMENT Heard.
2. The parties shall be referred to as per their status in the writ petition.
3. Pursuant to an application filed by fifth respondent, the State Consumer Commission has passed an award directing fourth respondent to pay a sum of `73,06,900/-. Accordingly, recovery proceedings have been initiated. The Tahsildar, Bengaluru South Taluk, Bengaluru attached the property belonging to the petitioner by order dated 14.12.2018. The petitioner has written a letter on 20.12.2018 intimating the Tahsildar that he is no way connected to the lis inter se between fourth and fifth respondents and therefore his property cannot be attached and auctioned to recover the dues, if any, payable by fourth respondent.
4. Since his representation was not considered, he has challenged the same in a writ petition before this Court in W.P.No.58025/2018. The learned Single Judge by an order dated 26.12.2018 issued notice to the respondents. However, no interim order was passed. Feeling aggrieved, the petitioner is before this Court.
5. Sri Y.H. Vijaya Kumar, learned Principal Government Advocate appearing for the State submits that the petitioner has a remedy under Section 167 of the Karnataka Land Revenue Act to agitate his rights before the Tahsildar.
6. We notice that the petitioner has already submitted his representation on 20.12.2018 as per Annexure-D. No orders have been passed thereon. In the circumstances, we deem it appropriate to direct the Tahsildar, Bengaluru to consider petitioner’s representation and pass appropriate orders thereon within an outer limit of four weeks from the date of receipt of a copy of this order and thereafter proceed further in the matter. Till orders are passed on petitioner’s representation, the matter shall not be precipitated.
7. The appeal stands disposed of with the above observations.
8. In view of disposal of the petition, I.A.No.1/2019 does not survive for consideration and it is disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE ca