Shri Byranna vs The State Of Karnataka on 3 July, 2013

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Karnataka High Court

Shri Byranna vs The State Of Karnataka on 3 July, 2013

Bench: Huluvadi G. Ramesh

                         1




 IN THE HIGH COURT OF KARNATAKA, BANGALORE

        DATED THIS THE 3RD DAY OF JULY 2013

                      BEFORE

 THE HON'BLE MR. JUSTICE HULUVADI G. RAMESH

       WRIT PETITION No.23039/2013 (KLR-RES)

BETWEEN:

SHRI BYRANNA
S/O PILLAPPAIAH
AGED ABOUT 58 YEARS
R/AT B K PALYA
B K PALYA POST
JALA HOBLI
BANGALORE NORTH TALUK-562149
                                    ... PETITIONER

(BY SRI VISHWANATH, ADV., FOR
    SRI VENKATASWAMY GOWDA, ADV.,)

AND:

1.     THE STATE OF KARNATAKA
       REVENUE DEPARTMENT
       VIDHANA SOUDHA
       BANGALORE-560001
       REP BY THE CHIEF SECRETARY

2.     THE DY.COMMISSIONER
       BANGALORE URBAN DISTRICT
       K G ROAD, BANGALORE-560009

3.     THE PRESIDENT
       (IMPLEMENTATION SQUAD)
       CELL FOR PREVENTION OF
       UNAUTHORISED CONSTRUCTIONS
       OFFICE OF THE DY. COMMISSIONER
       K G ROAD, BANGALORE-560009

4.     THE TAHSILDAR
       BANGALORE NORTH TALUK (ADDL.)
                             2




     YELAHANKA, BANGALORE-560065
5.   THE DY. TAHSILDAR
     DODDA JALA
     BANGALORE NORTH TALUK-562157

6.   SHRI P N VARADARAJ
     S/O H NARAYANASWAMY
     AGED ABOUT 31 YEARS
     R/AT B K PALYA
     B K HALLI POST
     JALA HOBLI
     BANGALORE NORTH TALUK
     PIN: 562149
                                        ... RESPONDENTS

(BY Smt M.C.NAGASHREE, HCGP FOR R1 TO R5)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER DT.27.5.13, PASSED BY THE R4, AS
PER ANN-G IN RESPECT OF THE LAND BEARING SY.NO.7
MEASURING 10 GUNTAS SITUATED AT B.K.PALYA, JALA
HOBLI, BANGALORE NORTH TQ. BY ALLOWING THE
ABOVE WRIT PETITION AND ETC.,

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

                          ORDER

Learned Government Pleader is directed to take notice for respondents 1 to 5.

Petitioner has sought for quashing the order dated 27.5.2013 passed by the 4th respondent as per Annexure-G in respect of the land bearing Sy.No.7 3 measuring 10 guntas situated at B.K.Palya, Jala Hobli, Bangalore North Taluk and for such other order.

2. Learned counsel for the petitioner submits that the petitioner's father Pillappaiah had purchased Sy.No.68 measuring 1 acre 25 guntas from one Pillanarayanappa. Thereafter, petitioner and his brothers partitioned the land in question along with other properties and 20 guntas of land fell to the share of the petitioner. Since then, the petitioner has been in peaceful possession and enjoyment of the property. Sy.No.68 is abutting the western boundary of grama tana and the land allotted to the petitioner is within the boundary of Sy.No.68 and in the said land, the petitioner has put up construction of farm house/dwelling house and cattle shed and he has not encroached upon any portion of the alleged Sy.No.7. Subsequently, respondent No.4 issued notice to the petitioner alleging that there is existence of Oni in the gomal land i.e., in Sy.No.7 and that the petitioner has encroached the portion of the said gomal land. The petitioner has appeared before the 4th respondent- 4 Tahsildar and filed statement of objections. The 4th respondent-Tahsildar fixed a date for conducting survey of the property. While conducting survey, some of the villagers and their relatives objected to the same on the ground that they have not been served with the notice. Thereafter, without conducting any fresh survey, the 6th respondent, in collusion with the survey authorities, has created false survey report and prepared survey sketch and the same were produced before the 4th respondent-Tahsildar. Based on the said survey report, the 4th respondent-Tahsildar has passed the impugned order. Being aggrieved by the same, the petitioner has filed this writ petition.

3. Heard the learned counsel for the petitioner and the learned Government Pleader for respondents 1 to 5.

4. Against the order of the Tahsildar, the petitioner instead of approaching the Assistant Commissioner, has come before this Court. The apprehension of the petitioner is that the Deputy Commissioner is also made as a party before this Court 5 and petitioner has got an apprehension that he would not entertain the order passed by the Assistant Commissioner. If that is the case, the appeal filed before him is revisable under Sec.136(3) of the Karnataka land Revenue Act, 1964. In that view of the matter, it is for the petitioner to approach the Deputy Commissioner by filing a revision. It is for the petitioner to approach the Deputy Commissioner within one month from the date of receipt of a copy of this order. Till appearance before the Deputy Commissioner, there shall be an order of status quo regarding demolition. It is the submission of the learned counsel for the petitioner that he has been isolated and action should be taken against those who have allegedly trespassed into the gomal land and that several other villagers have also unathorizedly constructed houses in the gomal lands and action against them have not been taken. Such being the case, the respondent Authorities to take action in accordance with law. It is for the respondent Authorities to ascertain the said alleged trespass over the gomal land 6 and if there is any encroachment of the gomal land as alleged, suitable action be taken in accordance with law.

With the above observation, petition is disposed of.

Sd/-

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