WP 27372/10
IN rm: HIGH COURT or KARNATAKA AT BANGALORE
DATED THIS THE 20TH DAY or OCTOBER 2010' _
BEFORE ' Q
THE HONBLE MRJUSTICE A.s.PAc1--1}»:ADv.:i:%.,§«:;*wA.T.::: _ 3
WRIT PETITION No.27372/2()1o X D 1:'
BETWEEN
Sri. S.L. Nataraj,
S/o. Lakshminarayana Dixjt,
Aged about 37' years, ' __ . .
No.468, 12th Main, nth 'A' Cross.'-
'A' Sector, Yelahanka, " _ . ' __
Bangaiore -- 560 106)' * " "PETITIONER/S
(By Sri. G.B. 7 . "
AND
1. The State of Ka1*na.té.i«:aL;~~
Rep. by. its PriDci"p3.i .Séc,retary,
De_partn1"e:=nt"of Land Revenue,
Ggovemmeni of Karriataka,
~ _ .B1I'.i_idi1'1g$" A ..... .. v
A « , Dr. Ambeiiigar Veedhi,
' 'Bangalore 5560 001.
2. The S«1)o?i':aVf'IV)eputy Commissioner,
Bangaior.-3' District,
Bangalore -- 560 009.
V The Tahsiidar.
V' --..B.é.nga1ore North (Addi.] Taluk,
Yelahanka.
' Bangaiore -- 560 064. RESPONDENT/ S
If ~ (By Sri. R. Om Kumar, AGA)
WP 27372/10
This Writ Petition is filed under Articles 226 and 22? of
the Constitution of india praying to quash the order dated
30.11.2009 passed in Case No. RRT(2)N(A)/CR/557/2008-09
by the Special Deputy Commissioner, Bangalore District,
Bangalore i.e., the 2115' respondent vide Annexure--N as the {same
is iilegai and Void AB--initio. '~
This Writ Petition coming on for Preliminary 0' 0
day, the Court made the following: _- " » .. g
ORDER
Learned AGA is directed ,__.to ttaite notice
respondents.
2. The petitioner chatllefng’ed.._’t.he~.order passed by
Respondent No.2 deleting iilecord of Rights
in respect of the measuring 0-20
guntas sitnatedflat”,Htittan<aha.i1i; Bangalore North Additionaj
Taluk. 0' . – g ._
3. _The facts ret:eai.V_tha’t the land referred to supra was
“grante_d’3’«toEone_iVIuni’anj.a..nappa and later, the petitioner herein
Vpurchasedv._thev’~same on 23-04-2007 under a registered sale
deed asper An,jne§;tire~L. Since then, the name of the petitioner
was aptpeafingin the Record of Rights.
Nfifff
x-
VVP 27372/10
4. It appears that the Tahsildar — Respondent No.3
submitted a report stating that the land in S.i\Jo._”?..’?.l_:/’.£:’2él
situated at Huttanahalli, Jaia Hobli, _
Additional Taluk is classified as ‘Gomalafpand th–at~e.ritries::l:aveVp: it
come up for an extent of 20 guntas
petitioner herein in the revenue records llil:elRTC
no land grant records forthcominlgliri pthel .lC,V}ffice to
Support the Said e”tTY- action
under Section 136 of Revenue Act,
1964, {hereinafter the On the ‘oasis of
this report, and as it could be
seen frornpdthev under Section 30 of
the Act served ‘:one'<lS:pi1itl.i-iikhkayyamma on behalf of the
petitioner _vherel1r.- and j_as7._the"il petitioner did not appear, has
Jpassed_jtli*1e;_ifriptugned 'ord~e'r.
i*lhaire:l.hve'ard the learned counsel for the petitioner
V V' and also tb\_e'1eai-ned AGA.
6. As could be seen from the order that has been
reveals that the show cause notice in respect of the
frevisgion petition was served upon one Smt.Akkayyamma, on
-1}’
4 WP 27372/ 10
behalf of the petitioner herein and as none appeared before
Respondent No.2. the impugned order came to be passed
deleting the name of the petitioner from the recordpppoférightsfw.
Now, as couid be seen from the provisions of Section M
Act, every notice under this Act, uniessfitis’exprevs.siyHg
provided shall be served by tenderingp_’oi–;.A_fldeliveringl. at
thereof, to the person on whom 19 bevhservedd
if he has any, or by aft’udng:;–apcopy.itiiereofto some consipicuous
place of the land, if any, Vv;1’iich refers. in the
circumstances, the
on behalf the not known as to
what is Sint.Akkayyamma with the
petitioner here.in. the impugned order is
without _n_otice”to ‘the’v–peti_tio~~:ier and against the principles of
J V1’1?1Fur:3t1_ §u$ticc«« ‘ —– ~ ”
3″,
V the petition is allowed. The order passed
by Respon§f’.ient.:’~i’\io.2 — Special Deputy Commissioner dated 23-
“¥i’::1’j.:2~2oo9 ” in: RRT(2}N[A}/CR/557’/2008-09 at Annexure-L is
i The matter is remitted back to Respondent No.2 — the
“‘–‘.’;S’pe_cia1 Deputy Commissioner to afford an opportunity to the
petitioner and dispose of the same in accordance with iaw. The
2″”
5 VVP 27372/ 10
petitioner shall appear before the Special Deputy
Commissioner on 30~1 1–2010.
8. Learned AGA is permitted to fiie Memo 1 V’
within fifteen days.
JL
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