Dr Talavane Krishna S/O Late Sri ... vs The State Of Karnataka on 7 September, 2015

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Karnataka High Court

Dr Talavane Krishna S/O Late Sri ... vs The State Of Karnataka on 7 September, 2015

Bench: Ram Mohan Reddy

                         1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU
  DATED THIS THE 07TH DAY OF SEPTEMBER 2015

                     BEFORE

  THE HON'BLE MR. JUSTICE RAM MOHAN REDDY

   WRIT PETITION NO. 15705 OF 2011 (KLR-RES)

BETWEEN:

DR. TALAVANE KRISHNA
S/O LATE SRI THIMMAPPAIAH
AGED ABOUT 62 YEARS
TALAVANE FARM,
LALITHADRIPURA
MYSORE - 570 010.
                                  ... PETITIONER

(By Sri. A RAVISHANKAR, ADV.,)

AND

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

  2. THE DEPUTY COMMISSIONER
     MYSORE DISTRICT
     OFFICE OF THE DEPUTY COMMISSIONER,
     MYSORE 570 005.

  3. THE TAHASILDAR
     MYSORE TALUK
     MYSORE
                             2


  4. PROJECT OFFICER, UPOR
     OLD TALUK OFFICE ROAD
     NEAR GOVERNMENT GUEST HOUSE
     NAZARBAD, MYSORE.
                                ... RESPONDENTS
(By SMT: B.P. RADHA, HCGP FOR R1 TO R3;
R4 SERVED & UNREPRESENTED)

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 & 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE NOTICE ISSUED BY THE R-2 DATED
02.04.2011 ALONG WITH OVER LEAF SKETCH
PREPARED BY R-4 PRODUCED AT ANN-A & ETC.,

     THIS WRIT PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:

                       ORDER

This petition deserves to be allowed on a very short point that petitioner's land measuring 3 acres 14 guntas in Sy.No.4, Block No.22 of Kurubarahalli, Kasaba Hobli, Mysuru Taluk, is sought to be taken over by the respondent/ Deputy Commissioner, Mysuru District, in exercise of a jurisdiction under Sections 39, 67(2) and 94(3) of the Karnataka Land Revenue Act, 1964, (for short 'Act') which in law is impermissible. 3

2. The notice, Annexure-A, proposing such an action by invoking all the three provisions of law, are unavailable to the Deputy Commissioner. In other words, Deputy Commissioner has to exercise powers independently under each of the said provisions and not by invoking all the said provisions together.

3. In the result, petition is allowed. Notice, Annexure-A is quashed reserving liberty to the Deputy Commissioner to initiate action in accordance with law on the basis of understanding of each of the provisions of law under Sections 39, 67(2) and 94(3) of the 'Act'.

Sd/-

JUDGE kcm

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Karnataka High Court