Karnataka High Court
Sri H.S. Doreswamy vs State Of Karnataka on 26 August, 2014
Bench: Chief Justice, Ashok B Hinchigeri
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 26TH DAY OF AUGUST 2014
: PRESENT :
HON'BLE MR. D.H.WAGHELA, CHIEF JUSTICE
AND
HON'BLE MR. JUSTICE ASHOK B.HINCHIGERI
WRIT PETITION Nos. 51551-52 / 2013 (KLR-RES-PIL)
BETWEEN
1. SRI H.S. DORESWAMY
S/O LATE SRINIVAS IYER
AGED ABOUT 95 YEARS
RESIDING AT 868, 38TH MAIN
4TH T BLOCK, JAYANAGARA
BANGALORE-560041.
2. SRI A.SURESH CHANDRA BABU
S/O LATE K S ASHWATHARAM SETTY
AGED ABOUT 55 YEARS
RESIDING AT NO.205, 9TH CROSS
3RD BLOCK, PADMANABHNAGARA
BANGALORE-560070.
... PETITIONERS
( BY SRI SAJAN POOVAYYA, SR. COUNSEL, A/W
NALINA MAYEGOWDA & JOSEPH ANTHONY, ADVOCATES. )
AND
1. STATE OF KARNATAKA
DEPARTMENT OF REVENUE
REP. RESENTED BY ITS PRINCIPAL
SECRETARY, M S BUILDING
AMBEDKAR VEEDHI, BANGALORE-560001.
2. SRI S N GANGADHARAIYYA
S/O NOT KNOWN, AGE: MAJOR,
FORMER SPECIAL DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
DEPUTY COMMISIONER'S OFFICE
PREMISES, K G ROAD, BANGALORE-560009.
2
3. SRI C MOHAMMAD KHALIMULLA
S/O NOT KNOWN, AGE: MAJOR,
FORMER SPECIAL DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
DEPUTY COMMISIONER'S OFFICE
PREMISES, K G ROAD, BANGALORE-560009.
4. SRI G V SEENAPPA
S/O NOT KNOWN, AGE: MAJOR,
FORMER SPECIAL DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
DEPUTY COMMISIONER'S OFFICE PREMISES,
K G ROAD, BANGALORE-560009.
5. SRI E RADHAKRISHNA
S/O NOT KNOWN, AGE: MAJOR,
FORMER SPECIAL DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
DEPUTY COMMISIONER'S OFFICE
PREMISES, K G ROAD, BANGALORE-560009.
6. SRI M OMKARMURTHY
S/O NOT KNOWN, AGE: MAJOR,
FORMER SPECIAL DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
DEPUTY COMMISIONER'S OFFICE
PREMISES, K G ROAD, BANGALORE-560009.
7. SPECIAL DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
DEPUTY COMMISIONER'S OFFICE
PREMISES, K G ROAD, BANGALORE-560009.
8. DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
DEPUTY COMMISIONER'S OFFICE
PREMISES, K G ROAD, BANGALORE-560009.
9. KARNATAKA LOKAYUKTA,
OFFICE OF THE LOKAYUKTA,
DR. B.R.AMBEDKAR ROAD, M.S.BUILDING,
BANGALORE-1, REPT. BY THE REGISTRAR.
... RESPONDENTS
( BY SRI R.DEVDAS, PRL.G.A. FOR R-1, R-7 AND R-8.
SRI N.K.RAMESH, ADVOCATE FOR R-2.
SMT. S.R.ANURADHA, ADVOCATE FOR R-3.
3
SRI T.S.MAHANTESH, ADVOCATE FOR R-4.
SRI G.S.PRASANNA KUMAR, ADVOCATE FOR R-5.
SRI M.OMKARMURTHY, R-6 PARTY-IN-PERSON.
SRI MALLIKARJUN C.BASAREDDY, ADVOCATE FOR R-9. )
WRIT PETITIONS FILED PRAYING TO RESTRAIN R-7 FROM
EXERCISING REVISIONAL POWERS UNDER SECTION 136[3] OF THE
ACT AND PASSING ORDERS IN RESPECT OF THE MATTERS FILED
UNDER SECTION 136[3] THAT ARE STILL PENDING BEFORE R-7, IN
CONTRAVENTION TO THE NOTIFICATION DATED 10.10.2011 VIDE
ANNEXURE-H; DIRECT R-1 TO TRANSFER ALL APPEALS AND/OR
MATTERS UNDER SECTION 136[3] OF THE ACT, PENDING BEFORE
R-7 TO R-8 AS PER THE MANDATES OF THE NOTIFICATION DATED
10.10.2011 VIDE ANNEXURE-H,, ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING
THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
D.H.WAGHELA, CJ (ORAL) :
1. The petitioners have approached this court with a grievance that, orders passed by respondent Nos.2 to 6, Special Deputy Commissioners, Bangalore Urban District, subsequent to the publication of Government Notification No. RD 400 ASD 2011 dated 10.10.2011, issued by the Under Secretary, Department of Revenue, were illegal, mala fide and capricious orders. Therefore, a prayer in public interest was made to issue a writ of prohibition or any 4 other appropriate writ or order restraining respondent No.7 from exercising revisional powers under Section 136(3) of the Karnataka Land Revenue Act, 1964 and passing any order in respect of the matters filed under Section 136(3) that are still pending before respondent No.7, in contravention of the aforesaid notification dated 10.10.2011.
2. During the course of hearing, it was realized that most of the prayers made in the petition did not survive on account of the clarification made and placed on record by the State Government. In fact, by letter dated 1.1.2014 from the Under Secretary to Government, Revenue Department, to the Deputy Commissioner, Bangalore, it has been categorically stated as under:
" xxx xxx xxx In this background, as per Government Order No. RD 711 LGB 2009(P) dated 4.6.2010, it has come to light that in Bangalore City/District, there are instance of encroachment of Government land and to 5 support their possession, encroachers have created dubious documents and, therefore, in order to examine the veracity of the said subject and to remove the encroachment, under Section 136(3) of the Karnataka Land Revenue Act, to assist in the above said aspect, three posts of Special Deputy Commissioner have been created in the office of the Deputy Commissioner, Bangalore Urban District (Bangalore North Taluk and Bangalore North (Additional) - 01, Bangalore East Taluk - 01 and Anekal Taluk - 01). Thereafter, in the background of tenure of said posts having been expired, the tenure of said posts came to be extended from time to time and finally, as per the Government Order No. RD 709 LGB 2012 dated 12.9.2013, tenure of newly created three temporary posts of Special Deputy Commissioner is ordered to be extended from 4.6.2012 to 3.6.2015.
Factually, keeping in view the administrative aspect in mind and also the encroachment aspect and also to assist smooth running of daily activities, the tenure of said posts have been extended. Factually, as could be noted from the Notification dated 6 10.10.2011, the responsibilities of the post of Deputy Commissioner and the deputation of powers to the Special Deputy Commissioner has been clearly identified. In this regard, the Deputy Commissioner has been solely empowered to exercise powers conferred under Section 136(3) of the Karnataka Land Revenue Act, 1964. For this reason, from 10.10.2011, the Special Deputy Commissioner will have no power to exercise powers under Section 136(3) of the Act. From 10.10.2011 onwards, orders passed by the Special Deputy Commissioner under Section 136(3) of the Act will not be technically correct.
xxx xxx xxx "
3. Therefore, the notification bearing No. RD 400 ASD 2011 dated 10.10.2011 reallocates the work between the Deputy Commissioner and the Special Deputy Commissioner of Bangalore Urban District and clearly confers power under Section 136(3) of the Karnataka Land Revenue Act, 1964 upon the Deputy Commissioner. The above letter issued by the Principal Secretary to the Deputy Commissioner, Bangalore Urban District, clarifies the 7 government's view that, subsequent to the notification No. RD 400 ASD 2011 dated 10.10.2011, the Special Deputy Commissioners appointed pursuant to the Government Order Nos. RD 711, RD 290 and RD 709 were not required to exercise powers under Section 136(3) of the Karnataka Land Revenue Act, 1964. Accordingly, the notification No. RD 400 ASD 2011 dated 10.10.2011 shall be given complete effect and, the Deputy Commissioner and the Special Deputy Commissioners shall exercise powers accordingly.
4. The petitions are disposed along with the application made therein by consent in the aforesaid terms, with no order as to cost.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE ckc/-