Karnataka High Court
Smt. C.M. Tulasamma vs The State Of Karnataka on 19 March, 2014
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 19TH DAY OF MARCH 2014
BEFORE
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
WRIT PETITION No.12724/2014
BETWEEN:
SMT.C.M.TULASAMMA,
W/O SRI M.KARUNAMURTHY,
AGED ABOUT 56 YEARS,
PRESENTLY R/AT No.57, 3RD MAIN,
2ND CROSS, KATRIGUPPA EAST,
BANASHANKARI III STAGE,
BANGALORE - 560 085. ...PETITIONER
(BY SRI NAIK NITYANAND VENKATARAMAN, ADV.,)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY
THE PRINCIPAL SECRETARY
TO THE GOVERNMENT,
DEPARTMENT OF HOME,
VIDHANA SOUDHA,
BANGALORE - 560 001.
2. THE PRINCIPAL SECRETARY TO THE
GOVERNMENT OF KARNATAKA,
DEPARTMENT OF URBAN DEVELOPMENT,
M.S.BUILDING,
Dr.AMBEDKAR VEEDHI,
BANGALORE - 560 001.
3. THE COMMISSIONER,
BRUHAT BANGALORE MAHANAGARA PALIKE,
N.R.SQUARE,
BANGALORE - 560 002.
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4. THE DEPUTY SUPERINTENDENT OF POLICE,
BANGALORE METROPOLITAN TASK FORCE,
(BMTF)
BANGALORE - 560 002.
5. THE POLICE INSPECTOR,
BANGALORE METROPOLITAN TASK FORCE
POLICE STATION,
BANGALORE - 560 001.
6. SRI C.NATRAJ, MAJOR
JOINT DIRECTOR TOWN PLANNING,
B.M.T.F,
BANGALORE - 560 001. ...RESPONDENTS
(BY SRI M.NARAYANA REDDY, SPP)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA AND SECTION 482 OF CODE
OF CRIMINAL PROCEDURE PRAYING TO QUASH THE FIRST
INFORMATION REPORT DT.03.03.2014, IN CRIME
No.12/2014 FILED BY THE POLICE INSPECTOR, BMTF,
BANGALORE, FOR THE ALLEGED OFFENCE PUNISHABLE
U/S.436(A) K.M.C ACT, 1976 & SEC.217 OF INDIAN PENAL
CODE VIDE ANN-A.
THIS W.P COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The accused in Crime No.12/2014 registered by Bangalore Metropolitan Task Force (BMTF) Police Station, Bangalore, for the offence punishable under Section 436(A) of the Karnataka Municipal Corporations Act, 1976 -3- and Section 217 of IPC., has come up in this petition seeking quashing of the said complaint.
2. The sum and substance of the complaint is that the petitioner herein, who is the owner of property bearing site No.57 measuring to an extent of 20 feet x 30 feet, situated in Katriguppa, BSK 3rd Stage, Bangalore, has put up construction on the 8 feet storm water drain, which is adjacent to his property and thereby, has closed the said storm water drain. After service of notice on the said complaint, the present petition is filed by the petitioner seeking to quash the complaint in Crime No.12/2014 on the ground that the BMTF., Police have no authority to issue such notice in the light of the judgment rendered by this Court in an unreported judgment passed in the matter of G.D. JAYARAMA AND ANOTHER VS. STATE BY BMTF., POLICE STATION in the batch of cases commencing from Crl.P. No.5340/2012, disposed off on 10.10.2013.
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3. Heard the learned counsel for petitioner. Perused the copy of the F.I.R., which is at Annexure `B` to the petition. On going through the same, it is clearly seen that the allegations made against the petitioner herein is in respect of commission of an act of encroachment into Government land i.e., storm water drain belonging to State situated adjacent to her property and constructing building thereon. However, the contention of the learned counsel for petitioner that the notice, which is issued by BMTF., is contrary to the ratio laid down by the coordinate Bench of this Court in Crl.P. No.5340/2012 appears to be incorrect for the reason that in the said proceedings, where notice was issued by BMTF., with reference to the encroachment by various persons alleging offence punishable for encroachment into the private properties is concerned, a coordinate Bench of this Court had taken a view that so far as private properties are concerned, BMTF., is not entitled either to issue notice in such cases or initiate proceedings against encroachment. In the instant case, encroachment alleged being in respect of -5- Government land, the said judgment would have no bearing on the facts of this case. Therefore, this Court is of the opinion that this petition seeking quashing of complaint and F.I.R. in Crime No.12/2014 is premature and is liable to be dismissed.
Accordingly, petition is dismissed. However, liberty is reserved to the petitioner to approach the Investigating agency and furnish all the documents of title available with her to demonstrate that the construction, which is put up by her, is within the boundary of her property and that there is no encroachment over any portion of the Government land/storm water drain.
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JUDGE sma