Sri N Rajanna vs The State Of Karnataka on 21 June, 2016

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Karnataka High Court

Sri N Rajanna vs The State Of Karnataka on 21 June, 2016

Bench: Ashok B. Hinchigeri

                              1



       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

            DATED THIS THE 21ST DAY OF JUNE 2016

                           BEFORE

        THE HON'BLE MR. JUSTICE ASHOK B. HINCHIGERI

              W.P.NO.33220 OF 2016 [LR-RES]
                          AND
                  W.P.NO.34221 OF 2016
BETWEEN

SRI N.RAJANNA
AGED ABOUT 59 YEARS
S/O LATE NARASIMHAIAH
PRINTER, PUBLISHER AND
EDITOR OF NELAMANGALA NAGARI
MONTHLY MAGAZINE,N N PRINTERS ADEPET,
NELAMANGALA, BANGALORE - 562 123.               ... PETITIONER

                 (BY:SRI R.NATARAJ, ADVOCATE)
AND:

1.     THE STATE OF KARNATAKA
       BY ITS PRINCIPAL SECRETARY
       DEPARTMENT OF REVENUE
       M S BUILDING, BANGALORE - 560 001

2.     THE REGIONAL COMMISSIONER
       2ND FLOOR, BMTC BUILDING,
       K H ROAD, SHANTHINAGAR
       BANGALORE - 560 027.

3.     THE DEPUTY COMMISSIONER
       BANGALORE URBAN DISTRICT
       BANGALORE - 560 001

4.     THE ASSISTANT COMMISSIONER
       BANGALORE NORTH TALUK DIVISION
       K G ROAD, BANGALROE - 560 009
                                      2



5.      DR G.NARAYANA
        AGED ABOUT 66 YEARS
        S/O LATE GIRIYAPPA
        TEMPORARILY R/AT NO.1344,
        3RD CROSS, MRHB COLONY
        24TH MAIN, VIJAYANAGAR NORTH
        BANGALORE - 560 079.                           ... RESPONDENTS

        (BY:SRI SHIVAPRABHU S.HIREMATH, AGA FOR R1 TO R4;
                   NOTICE TO R5 DISPENSED WITH)

     THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2, 3
AND 4 TO RE-ENQUIRE THE CASE AGAINST THE R5 FOR VIOLATION
OF SECTION 79A AND 79B OF THE KARNATAKA LAND REFORMS ACT
IN PURCHASING SY NO.67/2 & 67/3 OF DASANAPURA VILLAGE,
DASANAPURA HOBLI, BANGALORE NORTH TALUK AND ETC.

      THESE W.Ps. COMING ON FOR PRELIMINARY HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:

                            ORDER

Sri Shivaprabhu S. Hiremath, the learned Additional Government Advocate takes notice for the respondent Nos.1 to

4. The issuance of notice to the respondent No.5 is dispensed with.

2. The petitioner is seeking a direction to the respondent Nos.2 and 3 to re-enquire the case against the respondent No.5 for violation of the provisions contained in Sections 79-A and 79-B of the Karnataka Land Reforms Act, 3 1961 ('the Act' for short) for the purchase of agricultural lands in question.

3. Sri R.Nataraj, the learned counsel for the petitioner submits that the respondent No.5 (purchaser of the land in question) is a foreigner. He holds the U.S. passport. His income tax returns indicate that he earns `70.00 lakhs per year. He is therefore not eligible to buy the agricultural lands. He brings to my notice that the Assistant Commissioner has dropped the proceedings based only on the affidavit of the respondent No.5.

4. I do not propose to go into the question of whether there are any violations of the provisions of Sections 79-A and 79-B of the Act, whether the respondent No.5 is eligible to purchase the agricultural lands and whether the Assistant Commissioner's order is right or wrong.

5. I am rejecting these petitions on the short ground of the petitioner having no locus standi. I am not examining these petitions on merits for want of litigational competence on the part of the petitioner. The possibility of the petitioner being a 4 public-spirited citizen and espousing a valid public cause cannot be ruled out, but then, the same has to be done by filing a duly constituted public interest petition.

6. No order as to costs.

Sd/-

JUDGE VGR

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