Karnataka High Court
St.Mary'S Parish Church Trust (R) vs The State Of Karnataka on 9 July, 2020
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF JULY 2020
BEFORE
THE HON'BLE MR.JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.8658 OF 2020 (KLR- LG)
BETWEEN:
ST.MARY'S PARISH CHURCH TRUST ®
DEVARAYAPATNA,
KANDALI POST,
HASSAN - 573 217.
KARNATAKA STATE.
REPRESENTED BY ITS
MANAGING TRUSTEE
FR.GERVASIS MATTAM.
...PETITIONER
(BY SRI.SABASTIAN M.A., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
VIDHANA SOUDHA,
BANGALORE - 560 001.
REPRESENTED BY ITS
REVENUE SECRETARY.
2. THE DEPUTY COMMISSIONER,
HASSAN DISTRICT,
HASSAN. KARNATAKA STATE.
... RESPONDENTS
(BY SRI.SANDESH KUMAR M., HCGP)
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THIS WRIT PETITION IS FILED UNDER ARTICLE
226/227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER OF THE R-2 DATED 31.01.2020 AS
PER ANNEXURE - M AND ETC.,
THIS WRIT PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned Government Advocate is directed to accept notice for respondents No.1 and 2.
2. With consent of both the parties, matter is taken up for final disposal.
3. Petitioner being aggrieved by the order dated 31.01.2020 passed in LND (1) 101/2019-2020 as per Annexure -M has filed the present writ petition.
4. The brief facts of the case is that the Petitioner is a religious charitable trust established with the objective inter alia to establish, maintain, run, develop, reconstruct, repair, improve and extension of churches etc., The petitioner trust -3- approached the Government for allotment of land. The Government made over an application for allotment of land to the Deputy Commissioner, Hassan on 23.11.2017 as per Annexure - B. The petitioner also made similar representation dated 10.01.2018 to the Government of Karnataka for grant of one acre of land in survey No.19 and 20 on Devarayapatna Village, Hassan District. The Deputy Commissioner has directed the Assistant Commissioner, Hassan Division, to take necessary steps to grant one acre of land as per Annexure -E.
5. On 03.07.2019 the respondent No.2 granted one acre of land to the petitioner in Survey No.17 of Kuppalli Village, Kasaba Hobli, Hassan Taluk. The petitioner accepted the grant and thereafter filed an application for mutation in respect of the granted land. The Revenue Authority after due enquiry entered the name of petitioner in mutation Register -4- and the name of the petitioner is appearing in the RTC for the year 2019-2020. The petitioner applied for the phod of one acre of land. For the identification of the property, the Tahasildar directed the Taluk Surveyor to survey the area and prepare sketch. Accordingly, as per the direction of the Tahasildar the Taluk Surveyor surveyed the land and prepared the sketch. The respondent No.2 without issuing notice or without hearing the petitioner has cancelled the grant order vide order dated 31.01.2020. The petitioner being aggrieved by the said order has filed this writ petition.
6. Heard the learned counsel for the petitioner and learned Additional Government Advocate for the respondents.
7. The learned counsel for the petitioner submits that before passing the impugned order, no opportunity is given to the petitioner and thus there is -5- violation of principles of natural justice and prays to set aside the impugned order and remit the matter to the respondent No.2 - Authority to provide an opportunity to the petitioner to file objection and to hear the petitioner and dispose of the matter in accordance of law.
8. Per contra, the learned Additional Government Advocate supports the impugned order and prays to dismiss the writ petition.
9. Perused the records. It is not in dispute that the petitioner is a religious charitable trust and has applied for allotment of land. The Assistant Commissioner has allotted one acre of land in Survey No.17 as per Annexure -F on 03.07.2019. Based on the allotment letter as per Annexure - F, the Revenue Authority has effected mutation in the name of the petitioner on 01.08.2019. Based on the mutation, the -6- name of the petitioner is reflected in the RTC as per Annexure - H. Some villagers have filed the complaint. Based on the complaint, the respondent No.2 has passed the impugned order without issuing any notice to the petitioner and hearing. The authorities before passing any adverse order against interested person, the said interested person should be given an opportunity to put forth his defence/case and is to be heard by the Authorities. In the present case, the second respondent did not follow the procedure and has passed the impugned order. Thus, there is violation of Principles of natural justice. Hence, the impugned order is liable to be set aside. Accordingly, I proceed to pass the following order:- -7-
ORDER
i) The Writ petition is allowed.
ii) The order dated 31.01.2020 as per
Annexure - M is set aside. Matter is
remitted to the respondent No.2.
iii) The respondent No.2 is directed to provide an opportunity to the petitioner to file objection and after hearing the parties, the respondent No.2 may pass appropriate orders in accordance with law.
All the contentions of parties are kept open. This Court has not expressed anything on merits.
Sd/-
JUDGE ag/-