IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA W.P.Nos.43414/2018 & 43644 – 43654/2018 (KLR–RES) BETWEEN:
TITAN COMPANY LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT 3, SIPCOT INDUSTRIAL COMPLEX HOSUR-635126, TAMILNADU.
HAVING ITS CORPORATE OFFICE AT ’INTEGRITY’, NO.193, VEERASANDRA ELECTRONIC CITY POST OFF HOSUR MAIN ROAD BENGALURU-560100.
REP. BY ITS GENERAL COUNSEL AND COMPANY SECRETARY Mr. DINES SHETTY S/O Mr. SHIVANNA SHESU SHETTY AGED ABOUT 51 YEARS ... PETITIONER [BY SRI SHRAVANTH ARYA TANDRA & SRI MANU KULKARNI, ADVS. FOR SRI SANJANTHI SAJAN POOVAYYA, ADV.] AND:
1. STATE OF KARNATAKA DEPARTMENT OF REVENUE REP. BY PRINCIPAL SECRETARY M.S.BUILDING, Dr. AMBEDKAR VEEDHI BENGALURU-560 001 2. THE TAHSILDAR ANEKAL TALUK OFFICE ANEKAL-562106 3. THE REVENUE INSPECTOR ANEKAL TALUK OFFICE ANEKAL-562106 4. THE KARNATAKA TANK CONSERVATION AND DEVELOPMENT AUTHORITY, REP. BY CHIEF EXECTIVE OFFICER, GROUND FLOOR, BHEEJA BHAVANA, KARNATAKA STATE SEED CORPORATION LIMITED BUILDING, BELLARY ROAD, HEBBAL, BENGALURU - 560 024.
5. THE DESIGNATED OFFICER KARNATAKA TANK CONSERVATION AND DEVELOPMENT AUTHORITY, GROUND FLOOR, BHEEJA BHAVANA, KARNATAKA STATE SEED CORPORATION LIMITED BUILDING, BELLARY ROAD, HEBBAL, BENGALURU - 560 024 (CAUSE TITLE AMENDED VIDE COURT ORDER DATED 27.09.2018) .…RESPONDENTS [BY SRI H.VENKATESH DODDERI, AGA FOR R-1 TO R-3; R-4 & R-5 ARE SERVED, BUT UNREPRESENTED.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT COMMANDING THE RESPONDENTS TO REFRAIN FROM DEMOLISHING OR TAKING ANY COERCIVE ACTION IN RESPECT OF THE SCHEDULE PROPERTY WITHOUT ISSUING NOTICES AND WITHOUT COMPLYING WITH THE DUE PROCESS OF LAW AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard the learned counsel for the petitioner as well as the learned Additional Government Advocate.
2. Petitioner has approached this Court seeking a direction to the respondents to refrain from demolishing or taking any coercive action in respect of the property in question, inter alia, seeking a direction to the respondents not to take any measures for demolition or any other coercive actions in respect of the property in question without providing an effective opportunity of hearing to the petitioner and to quash the notice dated 05.10.2016 issued by the respondent No.2.
3. Sri. C. Mahadevaiah, Tahasildar, Anekal Taluk, Bengaluru, has filed an affidavit in compliance with the order passed by this Court on 27.09.2018 and the same is extracted hereunder for ready reference.
“I State that the Petitioner in the above Writ Petition has approached this Hon’ble Court on the allegation that office of the 2nd Respondent is trying to demolish the buildings and compound walls constructed and standing thereon at property No.193 (as per Form 9 and 11) in Survey Nos.4, 5, 6, 8/1, 8/2, 9/2, 9/3, 9/4, 10/1, 10/2, 14/1 and 14/2 situated at Veerasandra Village, Attibele Hobli, Anekal Taluk, Bengaluru District totally measuring 6 acres 14.43 guntas more fully described in the Petitioner Scheduled Property.
2. I State that my predecessor in office has issued Notice dated 15.10.2016 under the Provisions of Karnataka Land Revenue Act to the Petitioner with regard to Violations and Encroachments of Veerasandra tank and Rajakaaluve at Sy.No.15, Veerasandra Village, Anekal Taluk.
3. I submit that to ascertain the exact encroachment and violations Revenue Officials of the Tahasildar Office visited the premises of the Petitioner to conduct Joint Survey. The Officials in charge of the premises are not available. Suppressing the said facts they have approached this Hon’ble Court on the false allegation that Office of the Officials of Respondent No.2 is trying to demolish their building and compound without duly following the procedures with a malafide intention to avoid Joint Survey.
4. I respectfully pray this Hon’ble Court to direct the Petitioner to participate in the Joint Survey to properly identify the Violations and Encroachments. And I further state that if any Encroachment and Violations are found, the same will be removed under provisions of Karnataka Land Revenue Act duly notifying the Petitioner.”
4. Rejoinder is filed by the petitioner to the said affidavit contending that the affidavit of respondent No.2 is wholly misplaced and misleading, reiterating that after two years of issuing the notice that on 05.10.2016, respondent No.2 on 25.08.2018 along with the unknown people entered the property in question with earth movers and threatened to demolish the construction at the property.
5. This factual aspects cannot be adjudicated in the writ jurisdiction. The prayer sought by the writ petitioner is in the nature of seeking an injunction against the respondents not to interfere with the petitioner’s property in question without following the due process of law. Such a prayer could not be considered in the writ jurisdiction and the same requires adjudication on the facts. However, in view of the affidavit filed by Sri. C. Mahadevaiah, Tahasildar, Anekal Taluk, Bengaluru, as aforementioned, no proceedings are initiated for the demolition of the construction at the property as alleged by the petitioner and action is initiated only to conduct the joint survey as contended.
6. Having regard to the facts and circumstances of the case, this Court finds it appropriate to direct the petitioner to participate in the joint survey to be conducted by the Tahasildar to properly identify the violations and encroachments, if any, relating to the property in question.
7. For the aforesaid reasons and observations, writ petition stands disposed of, with a direction to the petitioner to participate in the joint survey to be conducted by the Tahasildar - respondent No.2 to identify the encroachments/violations, if any.
Joint survey shall be conducted by the respondent No.2 on 29.01.2019 and the petitioner shall participate in the said joint survey without awaiting for any further notice. Appropriate orders shall be passed by the respondent No.2 – Tahasildar in accordance with law pursuant to the joint survey to be conducted after providing an opportunity of hearing to the petitioner.
Ordered accordingly.
Sd/- JUDGE PMR