E W P 2i..5t*'>28,f E0
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
BATEB THIS THE 215" DAY OF SEPTEMBER 20
BEFORE
THE HONBLE MR.JUS'I'ICE A.s.PACHI1_Aéfii1§fiE.j'F:------ .
WRIT PETITION NO.23828/2_010' £KLR;R§i/'S1}R1V"..
BETWEEN I " 4' ' V
1. L. Ramachandra, .'
S/o. Late Lakshmaiah, . '
Aged about 65 years.
Occ: Agriculture,
R/at Door No.43. '_ . _ '.,
13"' Cross, M.V. Lé5*ou.t.'-_ E, }
Virupakshapura, _ '
Bangalore «A560 097)' *
2. L.
Sfo. LzitefLakéh'1naiauh.
Ag_ed--_ab0utV80A.. ' -
Oct,---: Agric1:1t*u:1_'e,"23828/E0
Bangalore District,
Bangalore -- 560 001.
3. The Tahsi§dar,
Bangalore North Additional Taluk,
Yelahanka Upanagara,
Bangalore -- 560 064. rznspemnsjzxzra,/s
(By Sri. R. Om Kumar, AGA)
.~;<2a§=>'a _; . H '
This Writ Petition is filed uAnderT&rticle."226vv0f the
Constitution of India praying to set aside the o1jder'__d'a_.tVed.
22.01.2010 passed by the Vsecond"Responds-ntv whi§;h"is",
produced as Annexure-E along with the w,Ifit~,_p"etit'ion and"
further be pleased to drop the'proceedingsViinitiated under
Section 136(3) of the Karnatalga.Land=Revenue_Ac.t.
This Writ Petition'"coming§oi1 Ffreliminary Hearing
in 'B' Group, this day, the Courti made following:
Tl1Vei"fietitvi.0ni'is'fi:led"ehaiienging the order passed by
the E7$l3ecVia1: Cernrnissiener, in
Rm'/2_/NA/CR/200./2008409 dt.22.1.2{)10 directing to
..de1e..t_e'~t};.e name 0fvthe"petitione.r fr-em the revenue records
ii'-,oi'.<the._lan:icil :be:a1*--ing S.No.98 measuring 4 acres situated at
Manchiappavnarlelosahalli, Jala fiobli. Bangalore North
'.Additio..nV1al Taluka and to continue the name of the
..:Govie':nment and free from all encumbrances.
i It is the case of the petitioners that Petitioner
515.1 purchased the land in question under registered sale
"ta. 0
3 K \\-"P 2I'i828/ i0
deed dt.1.7.1982. In the year 1987. Lakshrnaiah, the father
of the petitioners died and there was a partition between
his children and the names of the petitioners were entered
in the records. That being the fact, the Tahsiiaiaxiilorth
Additional Taluka submitted a report to the
Commissioner stating that there are no it
forth coming in Taluka Office to s:1ppp'§r£"
petitioners in the records ther-ejforep there
Special Deputy Commi'ssioner___4_txo»vdeleteihthieivlnariie of the
petitioners by initiatisigthe._nnder 136 (3) of
the Karnataka Land ReiteniieeAetpéiirhereinaifter called as 'the
Act' for sho_rif.:).' Lbepiity""bommissioner has
passed the.' directing to delete the names
of the by the said order, the
prese:-3_'1t"petitioln been filed.
have "heard the learned counsel for the
AGA for the respondents.
records of the case before the Special
iii”<.,_"¥.)eputy" Commissioner are made available. The perusal of
"«theire1_<:ords reveal that no notice has been served to the
miiipeitpiitioners at any time. There are no acknowledgements or
4- \='»="P 2i$828_/ ll)
any endorsements regarding service of notice to the
petitioners. The Revenue Inspector has rI:ade_ an
endorsement having served the notice and no sgigriaturlesvlnf
the petitioners have been taken. In the circarnstanvcelsi; V'
cannot be said that the petitionicrsh W'ere"..'sez"!_t:'dl«_With*the
notice. Though there is some undlertaking tiyran. adVv:ocaVte_VV
to appear in the case for the Vp'e:ti't.ione.rs;__ the
also not available in the records."and-»_unlesls"thafi{;otice is
served to the petitioners.'Aaizyii»undevrtalting given by an
advocate cannot" he name of the
advocate or__ ohltained on the order
sheet for for the parties. 80
the per1__1sal–oflttheii'ord~¢§'v…reqr¢als that it is against the
principles of rlatura1"jus..ti'ee.'
iiiitvhe-«"petition is allowed. The order
RRT/2/NA./CR/206/2008-09 passed by
the.."'Specialfj_ iibieputy Commissioner, Bangalore Rural
'iVDistrict., :*i.e.V, Respondent No.2 is quashed. The matter is
:i"en1itt.ed hack to the Special Deputy Commissioner with a
._,i.'.-dill:-'ectlion to issue notice to the petitioners and thereafter
_f°
\\="P 23828/' 30
Q1
dispose of the case in accordance with law. The Petition is
accordingly disposed of.
Learned AGA is permitted to file Memo
within fifteen days.
JL