1 W? 33060-68/2010
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 215? DAY OF OCTOBER 2010
BEFORE
THE HONBLE 1ViR.JUSTICE A.s.pAcHHAP-ORE 3.: " A
wmr PETITION NOs.33060~33068'7:2o .10 'EKL1iér{E;3{
BETWEEN
1.
pr
VIJAYA,
S/O. SHEENA POOJAR;
AGED ABOUT 27 YEARS, -_
SURENDRA, H ._
s/O.MAHAL1NfOAPOOJAR;:? _ -
AGED ABOUT :35.'YEARs;L _
S/OLv..ASHEENA*PjO__ A ~
AGED «ABOUT :32
NARAYANA BEI_,ARI;"v. A
3,50 NAGU BEZLARI, V
A_c;~ED,AB_OUT 5 1'
A I.
A -S/O;v-MA131J.U.:3ELAR1.
" . AGED ABOUT 30 YEARS,
ODAYA, "V A
S /O. SHEENA POOJARI,
" VDAOED ABOUT 29 YEARS,
A 'SDDHAKARA,
S/O. SUBBAIAH POOJARI,
AGED ABOUT 30 YEARS,
2 WP 33060-88/2010
8. MANJUNATHA B.L.,
S/O. LAKSHMANA POOJARI.
AGED ABOUT 26 YEARS,
ALL ARE R/AT NAGEDDE,
MUDURU POST, KUNDAPURA TALUK.
UDUPI DISTRICT. PETITIONER/.S_'1' _
[BY SR1. NAC-ARAJA HEGDE. ADV.)
1. STATE OF KARNATAKA.
REVENUE DEPARTMENT.
M.S. BUIDLING, V "
BANGALORE 560 001.---.._ ._
REP. BY ITS SECRETARY," 9
2. SPECIAL TAHSILDAR.;_' _
OFFICE AT I3IN'D.O'OR,<. 'I
KUNDAPURA TALU-K.' ..j A' »
UDUPI DISTRICT. "
3. SECRETARY; --
GRAM APANCI--IAII'A*I'1~I'I.' ._
JADKA;,_VII..I.AGE."~ _ "
KUNDAPURAA.TALUK.V
UIZ_TvUvPIADIS'I1?I"C'1"." ' RESPONDENT/S
{ET SRI. OR.?--.OM'"I<UMAR.'"ACAJ
*****
7TIéIESE 'WRIT PETITIONS ARE FILED UNDER ARTICLES
VOV226 AND 227 OF THE CONSTITUTION OE INDIA PRAYING TO
DIRECT .. TEE RESPONDENTS TO CONSIDER THE
" " 5'AP.E'PRESENTA'TION DTD 30.09.10 ISSUED BY THE PETITIONERS
AND TOPASS APPROPRIATE ORDER WHICH IS PRODUCED AT
'ANIw%EX_-A--;
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
THIS DAY, THE COURT MADE THE FOLLOWING:
3 WP 33060-68/2010
ORDER
Learned AGA is directed to take notice for Respondents I
to 3.
2. The petitioners herein are in occupation’ of
bearing S.1\io.155 measuring 7.40 a’cres”situ.ate,d.’ ‘
Village, Nagaddhe House, Kundapur’kTalulp<,'sinceifi. yearjs;..Vl:vl11_pp
all, there are 19 families residirig:'p"irithehusaid 'using'
the land for their necessities,-"'*They'-»clairn'to.. landless
persons belonging to Sclheduled Scheduled Tribe
community and are .depending:,incbrne from the land
that they
made representations as per
Annexures to Vi37'"to .–}?':{.e'sp'ondent No.3 in the year 2005 to
V perrniij them to the land for agricultural purpose and that
willing to pay land revenue and other
requested for allotment of house numbers to
_ the l1ousfe's constructed over the land. It appears that a
' "'–._fir'csolutioi1– yvas passed by the Grarna Panchayath for giving the
_«'nuInh_ers to the houses constructed. The copy of the said
Vb resolution has been produced at Annexure–D. It is thereafter
Ldihat the petitioners used to pay the taxes in respect of the}
WP 33060-68/2010
house properties in their occupation and the copies of the tax
receipts have been produced at Annexures — E to The
Respondent No.1 issued a circular as per Anne2§1.1rc~F'e-d_~ated
08–09–2008 to take action against the persons:-..:wh_o.VV0are'
occupation of the Government iand"undcr_ Section"'«1_1§2._.{A] of
the Karnataka Land Revenue Act [hereinafter –~.4$c't~'_V
for short}. It is in purst,:anc'e.: this by 0
Respondent No.1, the V'Fahsi1dga1'*" ll'i'*35_uedlla'"notice' to the
petitioners as per Annexureljfi 09/ 10 dated 03-
04-2010. Imme.d:{ate.ly have offered
their explanationahldf.'thel_:copy_ of" has been produced
at Anne;i;1.1..rejAw…:li of the petitioners that
they evilcllte-:1':'illeg§allyj\7»'ittiout affording an opportunity of
hearing them. It is'in°thesiegcircumstances that the petitioners
V havegpgapproachedglthis Court for a writ of mandamus or
dibggcjvtionlll' 'the respondents to consider the representation
producedv la't.iA11lr:ie2;iure–A.
Tl1’e material placed on record reveals that the
petitioners: are in possession of the houses put up in the land
R.S.No. 155 of Maddhur Village. In case, if any action
to be taken under the provisions of Section 192–A of the
f’
i
5 WP 33060438/2010
Act, it is necessary for the Tahsildar to issue appropriate
notice, hold an enquiry by affording an opportunity.p”to_ the
petitioners and thereafter, pass appropriate
accordance with law. in the circumstances, the”«.petijtions are V’
allowed and Respondent No.2 isg’directe_d”..pto_;«consider}
explanation offered by the petitioners est.’per»”Ai111exui~e”QPg’
dated 30-09-2010. afford an Vopp’c1jtunityV__passV”
appropriate orders in accordance’ x>.\’r:itn”~1aw. Thev-.pevtitions are
accordingly disposed of.
5. Learned. }\GA memo of appearance
within fifteen€.day;s; V. id
5§/’3
Judie
JL