Karnataka High Court
G Bheemanna vs The Deputy Commissioner, on 11 November, 2021
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 11TH DAY OF NOVEMBER, 2021
BEFORE
THE HON'BLE MR.JUSTICE SURAJ GOVINDARAJ
WRIT PETITION No.61563/2012 (GM-PP)
BETWEEN:
G BHEEMANNA
SINCE DECEASED BY HIS LRSG. KIRAN TEJ SON OF G.K.
RAMAREDDYAGE: 19 YEARS, R/O. DOOR NO. 1, WARD NO.
35, SHASTRYNAGAR, BELLARY.
...PETITIONER
(BY SRI. BAHUBALI, N.DHANAWADE, &
SRI. PHANIRAJ KASHYAP, ADVS.)
AND
1 . THE DEPUTY COMMISSIONER,
BELLARY, DIST: BELLARY.
2 . THE ASSISTANT COMMISSIONER,
BELLARY SUB DIVISION, BELLARY.
3 . THE TAHSILDAR,
BELLARY TALUK, BELLARY.
...RESPONDENTS
(BY SRI.V.S.KALASURMATH, HCGP,)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO I. SET ASIDE THE
ORDER DATED:19/12/2000, PASSED BY THE LEARNED DEPUTY
COMMISSIONER, BELLARY (R1), IN SO FAR ORDERING THAT THE
BUILDING CONSTRUCTED UN-AUTHORISEDLY ON THE
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CONSERVANCY LANE AND ON THE GOVERNMENT LAND ARE
VESTED TO GOVERNMENT AND ALSO THE ORDER
DATED:02/12/2011, MADE IN M.A.NO.8/2001, PASSED BY THE
LEANRED ADDITIONAL DISTRICT JUDGE, BELLARY IN
CONFIRMING THE ORDER OF FIRST RESPONDENT, WITH REGARD
TO COLLECTION OF Rs.63,000/- i.e. INCOME EARNED BY
CONSTRUCTING A BUILDING IN THE CONSERVANCY LANE TO AN
EXTENT OF 11.4'x16" AND BUILDING CONSTRUCTED UN-
AUTHORISEDLY ON THE CONSERVANCY LANE AND ON THE
GOVERNMENT LAND ARE VESTED WITH THE GOVERNMENT (VIDE
ANNEXURES-R AND V).
II. SET ASIDE THE ORDER DATED:19/12/2000, PASSED BY THE
LEARNED DEPUTY COMMISSIONER, BELLARY (R1) IN SO FAR
ORDERING/DIRECTING THE A.D.L.R. BELLARY AND
COMMISSIONER OF CITY MUNICPAL COUNCIL, BELLARY TO
EFFECT THE ENTIRES IN THE CONCERNED RECORDS IN FAVOUR
OF GOVERNMENT AND FURTHE RORDERING THE TAHASILDAR,
BELLARY(R3) TO TAKE POSSESSION OF THE BUILDING
I.E.11.4'x16', SEVEN SHOPS (MALIGE) MEASURING 11.6'x68'
(TOWARDS SOUTH) AND 11.6'x40' (TOWARDS EAST)
IMMEDIATELY AND RECOVER THE AMOUNT AS ARREARS OF LAND
REVENUE AND ALSO THE ORDER DATED:02/12/2011, MADE IN
M.A.NO.8/2001, PASSED BY TH LEARNED ADDITIONAL JUDGE,
BELLARY IN CONFIRMING THE ORDER OF THE DEPUTY
COMMISSIONER, BELLARY (R1) WITH REGARD TO DIRECTING THE
ADLR, BELLARY AND OCMMISSIONER, CMC, BELLARY TO EFFECT
THE ENTRIES IN THE CONCERNED RECORDS IN FAVOUR OF THE
GOVENMENT AND FURTHER DIRECTING THE TAHASILDAR,
BELLARY (R3) TO TAKE POSSESSION OF THE BUILDING AND ALSO
TO RECOVER Rs.63,000/-AS ARREARS OF LAND REVENUE IN THE
INTEREST OF JUSTICE AND EQUITY (VIDE ANNEXURES-R AND V).
III. SET ASIDE THE ORDER DATED:02/12/2011, MADE IN MISC.
APPEAL NO.8/2001, PASSED BY THE LEARNED ADDITIONAL
DISTRICT JUDGE, BELLGARY, IN REMANDING THE MATTER TO THE
FIRST RESPONDENT FOR FRESH DISPOSAL TO DETERMINE THE
DAMAGES IN RESPECT OF THE BUILDING CONSTRUCTED
TOWARDS SOUTH TO AN EXTEND OF 11.6 ftx68 ft AND THE
UPSTAIRS ON THE SAID LAND I.E. UPSTAIRS OF 7 SHOPS AND 2
SHOPS CONSTRUCTED ON THE GOVERNMENT LAND TO AN
EXTENT OF 11.6ft x40ft TOWARDS EAST AND ALSO DIRECTION
ISSUED TO THE FIRST RESPONDENT TO TAKE SUITABLE ACTION
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FOR THE REMOVAL OF UNAUTHORIZED CONSTRUCTION
CONSTRUCTED IN THE CONSERVANCY LANE AND ALSO ON THE
GOVERNMENT LAND, AFTER GIVING SHOW CAUSE NOTICE AS PER
SUB-SECTION(3) OF SECTION 7 OF THE ACT AND RULE-7 OF THE
RULES, IN THE INTEREST OF JUSTICE AND EQUITY (VIDE
ANNEXURE-V).
IV. QUASH THE ORDER DATED:02/12/2011, MADE IN MISC.
APPEAL NO.8/2001, PASSED BY THE LEARNED ADDITIONAL
DISTRICT JUDGE, BELLARY IN DIRECTING THE RESPONDENT NO.1
TO TAKE SUITABLE ACTION FOR REMOVAL OF UNAUTHORISED
CONSTRUCTION, CONSTRUCTED IN THE CONSERVANCY LANE, SO
ALSO, ON THE GOVERNMENT LAND AS PER LAW, IN THE
INTEREST OF JUSTICE AND EQUITY (VIDE ANNEXURE-V).
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner is before this Court seeking for the following relief:
"i. set aside the order dated:19/12/2000, made in No.REV/NCR/52/97-98 passed by the learned Deputy Commissioner, Bellary (R1), in so far ordering that the building constructed un-authorisedly on the conservancy lane and on the government land are vested to government and also the order dated:02/12/2011, made in m.a.no.8/2001, passed by the learned Additional District Judge, Bellary in confirming the order of first respondent, with regard to collection of Rs.63,000/- i.e. income earned by constructing a building in the conservancy lane to an extent of 11.4'x16" and building constructed un- authorisedly on the conservancy lane and on the government land are vested with the government (vide Annexures-R and V).
ii. Set aside the order dated:19/12/2000, made in No.REV/NCR/52/97-98 passed by the learned Deputy :4: Commissioner, Bellary (R1) in so far ordering/directing the A.D.L.R. Bellary and Commissioner Of City Municipal Council, Bellary to effect the entries in the concerned records in favour of government and further ordering the Tahasildar, Bellary(R3) to take possession of the building i.e.11.4'x16', seven shops (Malige) measuring 11.6'x68' (towards south) and 11.6'x40' (towards east) immediately and recover the amount as arrears of land revenue and also the order dated:02/12/2011, made in M.A.No.8/2001, passed by the learned Additional Judge, Bellary in confirming the order of the Deputy Commissioner, Bellary (R1) with regard to directing the ADLR, Bellary and Commissioner, CMC, Bellary to effect the entries in the concerned records in favour of the government and further directing the Tahasildar, Bellary (R3) to take possession of the building and also to recover Rs.63,000/-as arrears of land revenue in the interest of justice and equity (vide Annexures-R and V).
iii. Set aside the order dated:02/12/2011, made in Misc. Appeal No.8/2001, passed by the learned Additional District Judge, Bellary, in remanding the matter to the first respondent for fresh disposal to determine the damages in respect of the building constructed towards south to an extend of 11.6 ftx68 ft and the upstairs on the said land i.e. Upstairs of 7 shops and 2 shops constructed on the government land to an extent of 11.6ft x40ft towards east and also direction issued to the first respondent to take suitable action for the removal of unauthorized construction constructed in the conservancy lane and also on the government land, after giving show cause notice as per sub-section(3) of section 7 of the act and rule-7 of the rules, in the interest of justice and equity (vide Annexure-V).
iv. Quash the order dated:02/12/2011, made in misc. Appeal no.8/2001, passed by the learned Additional District Judge, Bellary in directing the respondent no.1 to take suitable action for removal of unauthorised construction, constructed in the conservancy lane, so also, on the government land as per law, in the interest of justice and equity (vide Annexure-V).":5:
2. The short grievance of the petitioner is that though the petitioner had initially been allotted Plot measuring 60"X40", the same was extended vide order dated 27/06/1972. So that the revised measurement of Plot No.65 became 65"x50".
Despite the same neither, the Deputy Commissioner in his order dated 19/12/2000 nor the District Court in its order dated 2/12/2011 passed in M.A No.08/2001 has considered the said extension.
3. Learned counsel for the petitioner submits that if the extension had been considered, then the impugned order would not have been passed.
4. A perusal of the impugned order indicates that the deputy commissioner as also the district Court has considered the plot size to be 60"X40" and not 65"X50" as per the order dated 27/06/1992. In view thereof, the impugned order of the Deputy :6: Commissioner dated 19/12/2000 at Annexure-R is set aside consequently impugned order of the Additional District Judge at Bellary, dated 2/12/2011 passed in M.A.No.8/2001 is also set aside and the matter is remitted to the Deputy Commissioner, Bellary for fresh consideration by considering the revised allotment dated 27/6/1972, produced at Annexure-K to the petition within 60 days of the receipt of the certified copy of this order.
Sd/-
JUDGE Vmb