Karnataka High Court
Sri Anil Saproo vs The State Of Karnataka on 15 November, 2022
Author: M.G.S.Kamal
Bench: M.G.S.Kamal
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR.JUSTICE M.G.S.KAMAL
WRIT PETITION NO.29873 OF 2019 (LB - RES)
C/W
WRIT PETITION NOS.29874 OF 2019, 29876 OF 2019
IN W.P. NO.29873/2019
BETWEEN:
SRI. ANIL SAPROO,
AGED ABOUT 43 YEARS,
S/O B.L.SAPROO,
PRESENT R/A NO.55, N.R.I.LAYOUT,
3RD CROSS, NANDHI RICHES GARDEN,
KALKERE, HORAMAVU,
BANGALORE - 43.
...PETITIONER
(BY SRI.JAYAKUMARA S PATIL, SENIOR ADVOCATE FOR
SRI.RAGHAVENDRA K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
THE REVENUE DEPARTMENT,
M.S.BUILDING,
BANGALORE - 560 001.
2. THE DEPUTY COMMISSIONER,
BANGALORE URBAN DISTRICT,
KANDHAYA BHAVAN, K.G.ROAD,
BANGALORE - 560 001.
3. THE ASSISTANT COMMISSIONER,
BANGALORE SOUTH DIVISION,
2
KANDHAYA BHAVAN,
K.G.ROAD,
BANGALORE - 560 001.
4. THE TAHSILDAR,
BANGALORE EAST TALUK,
KANDHAYA BHAVAN,
K.G.ROAD,
BANGALORE - 560 001.
5. THE COMMISSIONER,
BBMP, N.R.SQUARE,
BANGALORE - 560 001.
...RESPONDENTS
(BY SMT.M.C.NAGASHREE, AGA FOR R1 - R4;
SRI.K.N.PUTTEGOWDA, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DROP ALL FURTHER
PROCEEDINGS PURSUANT THEREOF WITH REGARD TO THE
RESIDENTIAL SITE BEARING NO.55, KATHA NO.157/4, FORMED IN
SY.NO.352, SITUATED AT KALKERE, K.R.PURAM HOBLI, BANGALORE
EAST TALUK. (NO.55, N.R.I. LAYOUR, 3RD CROSS, NANDHI RICHES
GARDEN, KALKERE, HORAMAVU, BANGALORE-43) AND ETC.,
IN W.P. NO.29874/2019
BETWEEN:
1. SRI. MOHAN K.,
AGED ABOUT 45 YEARS,
S/O KALEGOWDA,
N.R.I. LAYOUT, 3RD CROSS,
NANDHI RICHES GARDEN,
KALKERE,
HORAMAVU,
BANGALORE - 43.
2. SMT. SUSHEELA,
AGED ABOUT 43 YEARS,
3
W/O MOHAN.K,
N.R.I. LAYOUT, 3RD CROSS,
NANDHI RICHES GARDEN,
KALKERE, HORAMAVU,
BANGALORE - 43.
...PETITIONERS
(BY SRI.JAYAKUMAR S PATIL, SENIOR ADVOCATE FOR
SRI.RAGHAVENDRA K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
THE REVENUE DEPARTMENT,
M.S.BUILDING,
BANGALORE - 560 001.
2. THE DEPUTY COMMISSIONER,
BANGALORE URBAN DISTRICT,
KANDHAYA BHAVAN, K.G.ROAD,
BANGALORE - 560 001.
3. THE ASSISTANT COMMISSIONER,
BANGALORE SOUTH DIVISION,
KANDHAYA BHAVAN, K.G.ROAD,
BANGALORE - 560 001.
4. THE TAHSILDAR,
BANGALORE EAST TALUK,
KANDHAYA BHAVAN, K.G.ROAD,
BANGALORE - 560 001.
5. THE COMMISSIONER,
BBMP, N.R.SQUARE,
BANGALORE - 560 001.
...RESPONDENTS
(BY SMT.M.C.NAGASHREE, AGA FOR R1 - R4;
SRI.K.N.PUTTEGOWDA, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DROP ALL FURTHER
4
PROCEEDINGS PURSUANT THEREOF WITH REGARD TO THE
RESIDENTIAL SITE BEARING NO.46, KATHA NO.122/12, FORMED IN
SY.NO.352, SITUATED AT KALKERE, K.R.PURAM HOBLI, BANGALORE
EAST TALUK. (NO.46, N.R.I. LAYOUR, 3RD CROSS, NANDHI RICHES
GARDEN, KALKERE, HORAMAVU, BANGALORE-43) AND ETC.,
IN W.P. NO.29876/2019
BETWEEN:
SRI. DINESH KUMAR MALVIYA,
AGED ABOUT 44 YEARS,
S/O N.R. MALVIYA,
R/AT NO.38, N.R.I. LAYOUT, 3RD CROSS,
NANDHI RICHES GARDEN,
KALKERE, HORAMAVU,
BANGALORE - 43.
...PETITIONER
(BY SRI.JAYAKUMAR S PATIL, SENIOR ADVOCATE FOR
SRI.RAGHAVENDRA K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
THE REVENUE DEPARTMENT,
M.S.BUILDING,
BANGALORE - 560 001.
2. THE DEPUTY COMMISSIONER,
BANGALORE URBAN DISTRICT,
KANDHAYA BHAVAN, K.G.ROAD,
BANGALORE - 560 001.
3. THE ASSISTANT COMMISSIONER,
BANGALORE SOUTH DIVISION,
KANDHAYA BHAVAN, K.G.ROAD,
BANGALORE - 560 001.
5
4. THE TAHSILDAR,
BANGALORE EAST TALUK,
KANDHAYA BHAVAN, K.G.ROAD,
BANGALORE - 560 001.
5. THE COMMISSIONER,
BBMP, N.R.SQUARE,
BANGALORE - 560 001.
...RESPONDENTS
(BY SMT.M.C.NAGASHREE, AGA FOR R1 - R4;
SRI.K.N.PUTTEGOWDA, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO DROP ALL FURTHER
PROCEEDINGS PURSUANT THEREOF WITH REGARD TO THE
RESIDENTIAL SITE BEARING NO.38, KATHA NO.138/14, FORMED IN
SY.NO.352, SITUATED AT KALKERE, K.R.PURAM HOBLI, BANGALORE
EAST TALUK. (NO.38, N.R.I. LAYOUR, 3RD CROSS, NANDHI RICHES
GARDEN, KALKERE, HORAMAVU, BANGALORE-43) AND ETC.,
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
These petitions have been filed by the respective petitioners seeking issue of writ of mandamus directing the respondents authorities to drop proceedings pursuant to the marking on the properties made on 12.07.2019 in respect of their respective properties mentioned in the above writ petitions.
2. It is the case of the petitioners that they are owners of the properties being residential sites as described in paragraph 1 of the respective writ petitions and had constructed residential houses thereon on obtaining necessary permission from Horamavu Gram Panchayath. That on 12.07.2019 the officials of respondent No.5 visited the layout and made marks on the properties of the petitioners as SWD and further threatened the petitioners that they would come back with JCB and other heavy machines on 15.07.2019 to demolish the houses. The said alleged action on the part of the officials of the respondent No.5 constrained the petitioners to approach this Court by filing the aforesaid writ petitions seeking the reliefs as mentioned hereinabove. 7
3. This Court on 16.07.2019 after hearing the learned counsel for the parties had issued interim order directing respondent Nos. 2 to 5 not to demolish any portion of the property of the petitioners. The said interim order has been extended from time to time.
4. Today, Learned Additional Government Advocate submits that a notice under Section 104 of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as 'the Act, 1964' for short) has been issued on 10.10.2022 to the petitioners in the above matters. She further submits that the enquiry as contemplated under the provisions of the Act, 1964 needs to be initiated pursuant to the aforesaid notice dated 10.10.2022. It is further submitted that the petitioners might as well avail the said opportunity by filing statement of objections to the said notice with documents, if any.
5. Submission taken on record.
6. Sri. Jayakumar S Patil, learned Senior Counsel for the petitioners on the other hand submits that the petitioners were 8 constrained to approach this Court in view of the precipitative action intended to be taken by the respondents without benefit of an opportunity of being heard. Learned Senior Counsel further submits that in view of notice now having been issued by the respondent, petitioners be afforded an opportunity with protection by extending the interim order granted earlier by this Court, till the completion of enquiry.
7. Learned Additional Government Advocate for respondent Nos.1 to 4 and Sri.K.N.Puttegowda, learned counsel for respondent No.5 have no objection for the same.
8. Submission taken on record.
9. Petitions are disposed off with the following direction:
a) The petitioners shall appear before the Tahasildar, Bengaluru East Taluk, K.R.Puram, who has issued the notice dated
10.10.2022 under Section 104 of the Act, 1964. Though the time to respond to the said notice as provided thereunder has expired, the Tahasildar shall provide sufficient opportunity to the petitioners 9 to submit their statement of objection along with documents if any.
b) The petitioners since represented by their counsel shall appear before the Tahasildar on 25.11.2022 at 11.00 am. without any further notice. The Tahasildar, Bengaluru East Taluk shall after affording sufficient opportunity to the petitioners to file statement of objections along with documents if any and thereafter dispose of the matter in accordance with law.
c) Concerned officials of the Bruhat Bengaluru Mahanagara Palike shall also appear before the Tahasildar, Bengaluru East Taluk as directed on the date mentioned hereinabove.
d) It is made clear that no precipitate action shall be initiated by the respondent/authorities till conclusion of the enquiry as contemplated herein.
Sd/-
JUDGE NR/-