Karnataka High Court
M/S Primus Global Solutions Private ... vs The State Of Karnataka on 7 December, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2023:KHC:44516
WP No. 26128 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 26128 OF 2022 (LB-BMP)
BETWEEN:
M/S PRIMUS GLOBAL SOLUTIONS PRIVATE LIMITED
BY ITS MANAGING DIRECTOR
SRI SUNIL KILARU
S/O KUSUMA MOHAN RAOKILARU
AGED ABOUT 48 YEARS
NO 30 PRESTIGE OZONE
WHITEFIELD MAIN ROAD,
BANGLAORE 560 066
(A COMPANY PRIVATE LIMITED UNDER REGISTERED
COMPANIES ACT 1956)
...PETITIONER
(BY SRI. KARTHIK V.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally signed BY ITS PRINCIPAL SECRETARY
by
NARAYANAPPA REVENUE DEPARTMENT
LAKSHMAMMA M S BUILDING
Location: HIGH BENGALURU 560 001
COURT OF
KARNATAKA 2. THE TAHSILDAR
BENGALURU EAST TALUK
K R PURAM
BENGALURU 560 036
3. THE ASSISTANT EXECUTIVE ENGINEER, BBMP
STROM WATER DRAIN DEPARTMENT
MAHADEVAPURA
BENGALURU.
...RESPONDENTS
(BY SRI.NAVEEN CHANDRASHEKAR., AGA FOR R1 & R2;
-2-
NC: 2023:KHC:44516
WP No. 26128 of 2022
SRI. N.R. JAGADEESWARA., ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER WRIT OR DIRECTION QUASHING THE
ORDER DATED 08.12.2022 IN NO.DMA (NCR) CR/33/2022.23
ISSUED BY THE TAHSIDAR,BENGALURU EAST TALUK, K.R
PURAM,BENGALURU A COPY OF WHICH IS PRODUCED AT
ANNEXURE-K AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
1. The petitioners are before this Court seeking for the following reliefs:
a. Issue a writ of Certiorari or any other direction quashing the order dated 08.12.2022 in No. DMA(NCR)CR:33/2022-23 issued by the Tahsildar, Bengaluru East Taluk, K.R.Puram., Bengaluru, a copy of which is produced at Annexure-K to meet the ends of justice.
b. Issue any other writ or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case.
2. The grievance of the petitioner is that the Tahsildar has exercised powers under Section 104 of the Karnataka Land Revenue Act, 1964 which he did not have and in this regard, he relies upon the decision of a coordinate Bench of this Court in the case of -3- NC: 2023:KHC:44516 WP No. 26128 of 2022 Smt.Chandrakala -vs- The Tahsildar and others1.
3. In my considered opinion, the said order would equally apply to the present matter inasmuch as any action under Section 104 has to be taken in terms of Section 67 of the Karnataka Land Revenue Act. Hence, I pass the following:
ORDER i. The writ petition is allowed.
ii. A certiorari is issued questioning the order dated 18.12.2022 issued by the Tahsildar, Bangalore East Taluk at Annexure-K is quashed.
iii. Liberty is however reserved to the Deputy Commissioner to initiate appropriate proceedings by following appropriate procedure.
Sd/-
JUDGE LN List No.: 1 Sl No.: 65 1 NC: 2023:KHC:24858 WP No. 13018 of 2023 DD 17.07.2023