Karnataka High Court
Sri Lokesh K vs The Deputy Commissioner on 11 November, 2016
Bench: Chief Justice, R.B Budihal
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF NOVEMBER 2016
PRESENT
THE HON'BLE MR.SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE BUDIHAL R.B.
WRIT PETITION NO.41062/2016 &
WRIT PETITION NOS.51376-51378/2016 (LR-RES-PIL)
BETWEEN
1.SRI LOKESH K S/O SRI KRISHNAPPA
AGED ABOUT 34 YEARS
R/AT KAGGALIPURA VILLAGE
UTTARAHALLI HOBLI
BANGALORE SOUTH TALUK
2.SMT. GOWRAMMA
W/O SRI SHIVALINGE GOWDA
AGED ABOUT 49 YEARS
R/AT KAGGALIPURA VILLAGE
UTTARAHALLI HOBLI
BANGALORE SOUTH TALUK
3.SRI SUBBANNA
S/O SRI VENKATA REDDY
AGED ABOUT 84 YEARS
R/AT DINNEPALYA ROAD
KAGGALIPURA COLONY
KAGGALIPURA
BANGALORE SOUTH ... PETITIONERS
(BY SRI N SRIRAM REDDY, ADVOCATE)
AND
1.THE DEPUTY COMMISSIONER
BANGALORE RURAL DISTRICT
D.C.COMPLEX, BANGALORE-560 001
2.THE ASSISTANT COMMISSIONER
BANGALORE SOUTH, D.C.COMPLEX
BANGALORE-560 001
2
3.THE TAHASILDHAR
BANGALORE SOUTH TALUK
D.C.COMPLEX, BANGALORE-560 001
4.SRI P.R.BALAJI
S/O LATE P.V.RADHAKRISHNA GUPTA
AGED ABOUT 46 YEARS
PROPRIETOR OF
M/S. BALAJI AGARABATHI INDUSTRY
AT SY NO.391 OF KAGGALIPURA VILLAGE
UTTARAHALLI HOBLI
BANGALORE SOUTH TALUK
BANGALORE-560 062
5.SRI P.R.BHASKAR
S/O LATE P.V.RADHAKRISHNA GUPTA
AGED ABOUT 44 YEARS
PROPRIETOR OF
M/S BALAJI AGARABATHI INDUSTRY
AT SY NO.391 OF KAGGALIPURA VILLAGE
UTTARAHALLI HOBLI
BANGALORE SOUTH TALUK
BANGALORE-560 062
... RESPONDENTS
(BY SRI H VENKATESH DODDERI, AGA FOR R-1 TO 3)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT RESPONDENT NO.2 TO TAKE APPROPRIATE ACTION
UNDER SECTION 79A AND 79B OF THE KARNATAKA LAND
REFORMS ACT IN RESPECT OF SY.NO.391 (NEW NOS.391/1
MEASURING TO AN EXTENT OF 1 ACRE 18 GUNTAS AND
391/2 MEASURING TO AN EXTENT OF 1 ACRE 17 GUNTAS
RESPECTIVELY) OF KAGGALIPURA VILLAGE, UTTARAHALLI
HOBLI, BANGALORE SOUTH TALUK, PERTAINING TO
RESPONDENT NOS.4 & 5 BY CANCELLING THE MUTATION
ENTRIES AND ALSO TO PASS AN ORDER THAT THE SAID
LAND SHALL STAND FORFEIT TO AND REST IN THE STATE
GOVERNMENT BY FORFEITING THE SAME.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
3
ORDER
After hearing Mr.N.Sriram Reddy, learned advocate appearing for the writ petitioners and Mr.H.Venkatesh Dodderi, learned additional government advocate appearing for the respondent Nos.1 to 3, we feel that justice will be sub-served, if these writ petitions are disposed of by granting liberty to the writ petitioners to make a representation to the Assistant Commissioner, Bengaluru South, ventilating their grievances.
2. If such a representation is made, the Assistant Commissioner shall consider and dispose of the representation, after giving opportunities of hearing to all concerned in the matter, including the writ petitioners and the private respondents, within three months from the date of submission of such representation. We express no opinion.
3. We make no order as to costs.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE bkv