Loading judgment…
No AI summary yet for this case.
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2021 BEFORE
THE HON’BLE MR.JUSTICE R.NATARAJ
WRIT PETITION No.18446/2021(KLR-RES)
BETWEEN:
SRI.C.SREENIVASAMURTHY, S/O LATE CHIKKANNA, AGED ABOUT 60 YEARS, R/O NO.60/4,ANJANADRI ROYALNEST, 3RD MAIN ROAD, 4TH CROSS ROAD, KSRTC LAYOUT, UTTARAHALLAI MAIN ROAD, BENGALURU-560 006.
...PETITIONER (BY SRI V.K.NARAYANA SWAMY, ADV.)
AND:
THE STATE OF KARNATAKA
REPTD.BY IT SECRETARY
TO GOVERNMENT,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
BENGALURU-560 001.
THE TAHASILDAR,
BENGALURU SOUTH TALUK,
BENGALURU-560 009.
THE ADDITIONAL DIRECTOR FOR
LAND RECORDS,
BENGALURU-560 009. ...RESPONDENTS
(BY Sri:R.SRINIVAS GOWDA, AGA, FOR RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 23.02.2021 ISSUED BY RESPONDENT NO.2 TAHASILDAR AT ANNEXURE-G AND SUBSEQUENT SURVEY SKETCH DATED 16.02.2021, REPORT OF THE REVENUE INSPECTOR RECEIVED ON 04.02.2021, AS PER ANNEXURE-F1 AND F3 RESPECTIVELY AND ALL OTHER PROCEEDINGS RELATING THERETO, IN RESPECT OF THE SURVEY NO.98 MEASURING 1 ACRE 20 GUNTAS OF 1 ACRE 6 GUNTAS PLUS 14 GUNTAS OF UTTARAHALLI VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, AS PER SCHEDULE, SO FAR AS IT PERTAINS TO THE PETITIONERS LAND AT SCHEDULE, AS ILLEGAL, ETC.
THIS PETITION COMING ON FOR ‘PRELIMINAY HEARING’ THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed challenging the notice dated 23-02-2021 issued by respondent No.2(Annexure-G) and the survey sketch dated 16-02-2021 and also the report of the Revenue Inspector dated 04-02-2021(Annexures-F1 & F3) in respect of the land bearing Sy.No.98 of Uttarahalli village, Uttarahalli Hobli, Bengaluru South Taluk. The petitioner has also sought for writ in the nature of mandamus to direct respondent Nos.2 and 3 to consider the representations dated 12-03-2020 (Annexures- E,E2 to E4)respectively for fixation of correct boundaries.
A Public Interest Litigation was filed before this Court in writ petition No.13949/2020 to evict encroachers of the Government land in Sy.No.111 of Uttarahalli Hobli, Bengaluru South Taluk. During the pendency of the writ petition, on the directions of this Court, a survey was conducted on 16-02-2021 based on the report of the Revenue Inspector dated 04-02-2021 in terms of which, it was alleged that the petitioner had encroached into the land bearing Sy.No.111. Consequent thereto, a notice was issued on 23-02-2021 calling upon the petitioner, to show cause as to why he should not be evicted from the land in Sy.No.111 of Uttarahalli Hobli, Bengaluru South Taluk. The petitioner filed an application in Writ Petition No.13949/2020 to be impleaded. The notice dated 23-02-2021 was challenged by the petitioner before this Court in writ petition No.12697/2021. The petitioner contended in the said writ petition that the survey dated 16-02-2021 was without notice to him. This Court took note of the aforesaid contention and disposed off Writ Petition No.12697/2021 and permitted the petitioner to file necessary application in writ petition No.13949/2020. Consequent thereto, the petitioner filed an application before the Division Bench of this Court. The
4 Division Bench in terms of the order dated 15-07-2021 permitted the petitioner to challenge the survey proceedings dated 23-02-2021 in accordance with law. Thereafter the present writ petition is filed challenging the survey which culminated in the survey sketch dated 23-02-2021.
The learned counsel for the petitioner primarily contended that the survey proceedings were initiated without notice to him and therefore the entire proceeding is vitiated. He submitted that since the impugned survey proceedings are initiated without notice to him, the alternate remedy of an appeal before the Deputy Director of Land Records under Section 49 of the Karnataka Land Revenue Act,1964 need not be resorted to. In this regard he relied upon the Judgment of the Apex Court in the case of Commissioner of INCOME-TAX AND OTHERS VS CHHABIL DASS AGARWAL [(2013) 357 ITR 357 (SC)].
Per contra, the learned Government Advocate submitted that the Division Bench of this Court had permitted the petitioner to challenge the survey proceedings in accordance with law which meant that the petitioner had to approach the appellate authority as provided under Section 49
5 of the Act,1964 and therefore this writ petition is ill-conceived. He submitted that the petitioner has filed his objections to the notice dated 23-02-2021 and that an order of eviction is passed on 15-03-2021.
The learned Government Pleader was unable to point out any document, indicating that the petitioner was notified of the survey proceedings before demarcating the limits of Sy.No.111 of Uttarahalli village. He also could not point out any material to indicate that the petitioner was heard before terming the petitioner as an "encroacher in land bearing Sy.No.111". In that view of the matter, the alternate remedy of appeal before the D.D.L.R serves no useful purpose. Consequently, the survey proceedings initiated by respondent No.3 which culminated in the survey sketch dated 16-02-2021 is liable to be quashed, in so far as the petitioner is concerned. Consequently, the impugned notice dated 23-02-2021 issued by respondent No.2 also deserves to be set at naught. Hence, the following:- ORDER 1) The writ petition is allowed. The impugned notice dated 23-02-2021 issued by respondent No.2
6 (Annexure-G) and the survey sketch dated 16-02-2021 are quashed in so far as petitioner is concerned. 2) It is open for respondent No.3 to conduct a fresh survey and fix the limits of Survey No.111 within a period of one month from the date of certified copy of this order after hearing the petitioner. 3) Respondent No.3 shall conduct the survey on 10th November, 2021 and the petitioner is directed to be present at the spot at 11.00 a.m. on the said date.
It is made clear that, if the petitioner fails to avail this opportunity, he shall not be entitled to any further notice.
Sd/- JUDGE
rsk/-