Karnataka High Court
Nitte Education Trust Nsam Pu College vs The State Of Karnataka on 13 July, 2022
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
W.P.No.8751/2022 (KLR - RES)
BETWEEN:
NITTE EDUCATION TRUST,
NSAM PU COLLEGE,
KRISHNARAJAPURA VILLAGE,
HESARAGHATTA HOBLI,
YALAHANKA TALUK,
BENGALURU - 560 064.
REPRESENTED BY ITS
ADMINISTRATOR MR. ROHIT PUNJA,
AGE 55 YEARS.
... PETITIONER
(BY SRI.H.R.ANANTHA KRISHNA MURTHY, ADV.)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
VIKASA SOUDHA,
DR.B.R.AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE TAHASILDAR,
YELAHANKA TALUK,
BENGALURU - 560 064.
2
3. THE REVENUE INSPECTOR,
HESARAGHATTA HOBLI,
YELAHANKA TALUK,
BENGALURU - 560 064.
... RESPONDENTS
(BY SRI.R.SRINIVASA GOWDA, AGA)
THIS PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE IMPUGNED NOTICE DATED 10.03.2022 VIDE
ANNEXURE - G ISSUED BY THE R2; GRANT AN INTERIM
ORDER TO STAY ALL FURTHER PROCEEDINGS AGAINST
THE PETITIONER IN PURSUANCE OF ISSUANCE OF THE
IMPUGNED NOTICE VIDE ANNEXURE - G.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioners are challenging the notice issued by the Tahsildar, by which, the Tahsildar has alleged that the petitioners have erected a compound wall within the buffer zone of 30 mtrs., of the lake in Sy.No.1 of Krishnarajapura Village.
2. It is contended by the petitioners that they have given a reply within the date stipulated by the Tahsildar in his notice and yet, no orders are passed. It is stated that 3 the petitioners categorically contended that they had not encroached upon any buffer zone as mentioned in the notice and that they had constructed a compound wall to safeguard their students and to prevent their students from going out to the forest area.
3. Learned Additional Government Advocate, today produces a communication addressed to him by the Tahsildar, in which, the Tahsildar has stated that there was a direction issued in WP No.38401/2014 (Public Interest Litigation) directing the authorities to remove the encroachments on tank bunds and in accordance with the said direction, as it was found that the petitioners have erected a compound wall within the buffer zone of 30 mtrs., action was taken to demolish the compound wall on 04.04.2022.
4. It is clear from this communication that the Tahsildar has not even considered the reply submitted by the petitioner on 14.03.2022 (Annexure-H) to the writ petition. This conduct of the Tahsildar in taking action to demolish 4 the compound wall without even considering the reply cannot be commended. No doubt, the Tahsildar is obliged to implement the directions of this Court, but that would not give him a licence to act illegally and demolish the structure in violation of basic principles of natural justice.
5. Be that as it may, since the objections of the petitioner to the effect that they have not encroached upon buffer zone and they have not erected any structure in violation of any law is not considered at all by the Tahsildar, it would be necessary to direct the Tahsildar to consider the objections and pass an appropriate order in that regard.
6. If it is found after hearing the petitioner that there is no encroachment or of the buffer zone, the Tahsildar shall permit the re-construction of the compound wall.
7. The petitioner shall appear before the Tahsildar on 20.07.2022 and the Tahsildar shall consider the claim of the petitioner and pass orders on or before 27.07.2022. 5
8. Accordingly, the writ petition is disposed of.
Sd/-
JUDGE GH