High Court Karnataka High Court

V M Prabhakar vs State Of Karnataka on 13 October, 2009

Karnataka High Court
V M Prabhakar vs State Of Karnataka on 13 October, 2009
Author: A.S.Bopanna
 

 

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 13TH DAY OF OCTOBER

BEFORE

THE HONBLE MR. JUSTICE A S. Bv_O~PA:NNAA 3

WRIT PETITION NO. S51 /2OToIs3  G  7

BETWEEN :

V M PRABHAKAR S/O V K  ~ G

AGED ABOUT 40 YEARS
OCC: AGRICULTURE 

R/O YALAKANUR ROSA}; A 1-.LI  

ASBARUKATTE POST V V
TALUK SOMWARPETV.-"  . 
DISTRICT KQDAGU

[BY SRI. R P§§AOEfi¢I§A  FOR
SR1. C H JA.f)HA'J,   

AND 

I STATS OF KA R NSATA7' KA

.» BY ITS SECRETARY To GOVT.,
»  REVENUE" «D..E.PARTMENT
VIDHANA SOUDHA

=. , DR. AMBEDKAR ROAD

 _ Ia,zTNOI~II,ORE -« 560 001

2  THE'vi)E:P'UTY COMMISSIONER

T. KODAGU DISTRICT
~M1?'gDIKERI

1".

 PETITION ER

 



 

Ix)

3 THE TAHASILDAR
SOMWARPET TALUK
SOMWARPET
KODAGU

R/o YALAKANUR HOSAHALLI_VILLA'G'E':I../I4j    V
ABBARUKATTEPOST "     
TALUK SOMWARPET

DISTRICT KODAGU V   .,;.RES'PoNI)EI€TsR.

(BY SR1. 1;) P PRAsANI\IAf,"';nIDv. "Fo.R  
SRI. R KUMAR, HcG'R_IIo,R R1 To. R4]_F

THIS WRIT PETITI'oN'Is I?I:LEIjflfuI§II3ER ARTICLES 226

8/(')7«~O8 PASSED. BY  RESPOINDENT NO.2, DEPUTY-'
COMMISSIOi_NES{;'I'AS_PER:.ANN.E.X[JRE--E.

THI§s1Vw--R:IT PET1TIo1S:  ON FOR PRELIMINARY
HEARING. IN'~fB'  IS DAY, THE coURT MADE THE

4;' "The pet-itioner is before this Court seeking for

 of_wI9it, of certiorari to quash the order dated

A'25:sf2oo'8~II.pa;éséd in Rev. No.8/2007-08 by the second

 _ resfiond'eT1t/"Deputy Commissioner which is impugned

W  Arine}{ure--E to the petition.

I

.5.
'0

 

 



 

 

of Water in the said channel and therefore the petitioner

was constrained to approach the revenue authorities to

remove the obstruction. It is contended"'Cthat-'.._.the

Revenue Inspector as Well as the Tahsiidarfhave 'noticed _ x

the obstruction made byfthe COi'It_€'dSting' it

is also contended that :respondent has

instituted a suit in the said suit,
the contesting admitted that
there are in his land and
therefore that when these facts
are Commissioner by the
was not justified in

Comingto the A-conclitision that the said three channels

dparities” to redress their grievance before the

Civi’I’Coi1Art;’ ”

i

(‘-

nor are they being maintained by the Cauvery Neeravari
Nigam Ltd. With reference to the sketch, it l’$l:ll%l’dlCatCd
that the channels are passing through

At the outset, the nature of the instru.ctioris

p priovidetd “in _

Writing by the Tahsildar

the earlier order of the relied on by
the learned C0unse_l”‘:~-for~’_l:the would not be
available for A’reliance…:.at Therefore, the
matter be:considleredflindependent of the
same. by the Deputy
it is noticed that the
Deputy to the details of the

rival’contentio.tis and has recorded a” finding that there

. l “isrlo.reccrdiayailable to indicate that the three channels

q1uestiori.l..;””‘are government channels and are

maintained Cauvery Neeravari Nigam Ltd. It is in

Jtha.t_’ context the Deputy Commissioner on noticing that

l

_.u—

‘R

the parties, the same is to be resolved in;”a”cijV~i..l:

Therefore, in that context, when

issued such instructions at fgpresenjt ‘in”theat”*i,ight it

when the order passed hy_4_the AD.e_;’jL1ty

once again perused, “C’o..h1nj1iss%ioner was
justified in that it i it

6. Herittgrrfthe impugned in
this interference. However, it
is there is certain materials
availavhiewfi reeord,»:jr1.¢;feV.’.partiCuIar1y the observations

madehy thee-.DVep’i1tyx’Commissioner in the course of the

‘i order a’ndj”a1so the averments made by the contesting

i.nevt).S.No.56/O7 regarding the How of three

Channels’ through the land belonging to the contesting

“respondrent, with regard to the said three channeis, the

i}

/9

e 3 wtot1.!Vd have

to be resolved in civil proceedings. Even;”s’ue.hj—-si’tu2ition
is not foreseen, since there is an und

a

of the contesting 5
three channels (ineludiVngA1_ hat1§A\¥h.. , them H
from him for the flow of in’.the”I1s;tttred:feourse and
the use of the

claimed ishe1_=ei}f1″”3′..doesfj-,e merit consideration and
accord–irng.lyV “theV”s?a’1ne’sVt’ands disposed of. No order as to
costs}; ”

_ . Sd/-

sssss JUDGE