Mohammed Ismail vs State Of Karnataka on 19 September, 2018

Karnataka High Court

Mohammed Ismail vs State Of Karnataka on 19 September, 2018
Author: G.Narendar
1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19TH DAY OF SEPTEMBER 2018

BEFORE

THE HON'BLE MR. JUSTICE G. NARENDAR

WP No.34986/2018 (KLR, RR/SUR)

C/W
WP Nos.40119-40122/2017 & 46667-46669/2017
WP Nos.53403-53405/2017 & 54706/2017
WP No.618/2018
WP No.14662/2018

IN WP No.34986/2018

BETWEEN:

MOHAMMED ISMAIL
S/O LATE MOHAMMED SALEEM,
AGED ABOUT 32 YEARS,
NO.1, ABBAS ALI CHAVLI,
NITHYANANDA NAGAR,
PATHKOPER WEST,
MUMBAI-400086
MAHARASTRA.

REP BY HIS GPA HOLDER,

MR.AYUB KHAN,
S/O BHASHA S.W.,
AGED ABOUT 41 YEARS,
R/AT NO.30, 10TH CROSS,
IST MAIN, VALMIKI NAGAR,
MYSURU ROAD,
BENGALURU-26
... PETITIONER
(BY SRI. ROHITH B J, ADV.)
2

AND

1. STATE OF KARNATAKA

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 Mohammed Ismail vs State Of Karnataka on 19 September, 2018

DEPARTMENT OF REVENUE
VIDHANA SOUDHA,
BANGALORE-560001
REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE DEPUTY COMMISSIONER

BANGALORE URBAN DISTRICT,
K.G.ROAD, BANGALORE-560001

3. THE SPECIAL DEPUTY COMMISSIONER

BENGALURU NORTH SUB-DIVISION,
BENGALURU DISTRICT-560001

4. THE ASST.COMMISSIONER
BENGALURU NORTH TALUK,
BENGALURU-560001

5. THE TAHASILDAR
BENGALURU NORTH TALUK,
BENGALURU-560001

6. M/S BRUNDAVAN REAL ESTATE PVT LTD

NO.65, BRINDAVAN,
SANJEEVENINAGAR,
SAHAKARNAGAR,
BENGALURU-560092
REPRESENTED BY ITS DIRECTOR,
SRI NANDAGOPAL REDDY
... RESPONDENTS

(BY SMT R. ANITHA, HCGP FOR R1 TO R5 NOTICE TO R6 DISPENSED WITH) THIS WRIT
PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE ORDER, PASSED BY THE 3RD RESPONDENT IN PROCEEDINGS
DATED 11.08.2015 VIDE ANNEXURE-E. AND ETC.

IN WP Nos.40119-40122/2017 & 46667-46669/2017 BETWEEN

1. K RAM BHUPAL REDDY S/O LATE K. THIMMA REDDY, AGED ABOUT 36 YEARS R/AT
NO.40, SRI. KRISHNA NILAYA, 2ND CROSS, SRIKRUPA LAYOUT, ABBIGERE, BANGALORE-90

2. H KAISAR BASHA S/O YUNUS BASHA AGED ABOUT 38 YEARS

3. SMT. NOOR ADIBA W/O H. KAISAR BASHA AGED ABOUT 31 YEARS BOTH ARE R/AT
NO.65/B(1021), 10TH CROSS, KUPPASWAMY LAYOUT, BEHIND BACK GATE OF HKBK
COLLEGE OF ENGINEERING NAGAVARA, ARABIC COLLEGE POST, BENGALURU-45

4. PRASHANTH K M S/O MADAPPA K A AGED ABOUT 37 YEARS R/AT NO.20, 4TH BLOCK,
DODDA BOMMASANDRA, VIDYARANYAPURA POST, BENGALURU-97

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 Mohammed Ismail vs State Of Karnataka on 19 September, 2018

5. S SHASHIDHAR S/O A SHIVASHANKAR AGED ABOUT 43 YEARS R/AT NO. 21, 1ST A MAIN
5TH BLOCK, 3RD PHASE BSK 3RD STAGE, BENGALURU-85

6. THAYAPPA S/O NARAYANAPPA AGED ABOUT 46 YEARS R/AT CHIKKAJALA HOBALI

BENGALURU NORTH TALUK BENGALURU

7. USHA H.G.

W/O H.S. MANJUNATH AGED ABOUT 37 YEARS R/AT NO. 9, 10TH CROSS, PIPELINE ROAD,
MALLESHWARAM BENGALURU-03 ... PETITIONERS (BY SRI. ROHITH GOWDA, ADV.) AND

1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANASOUDHA, BANGALORE-560

001 REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, K.G.ROAD,

BANGALORE-560 001

3. THE SPECIAL DEPUTY COMMISSIONER BANGALORE NORTH SUB-DIVISION,

BENGALURU DISTRICT-560 001

4. THE ASST. COMMISSIONER BANGALORE NORTH TALUK, BENGALURU -560 001

5. THE TAHASILDAR BANGALORE NORTH TALUK, BENGALURU -560 001

6. M/S BRUNDAVAN REAL ESTATE PVT LTD NO.65, BRINDAVAN, SANJEEVININAGAR,

SAHAKARNAGAR, BENGALURU-560092 REPRESENTED BY ITS DIRECTOR SRI.
NANDAGOPAL REDDY ... RESPONDENTS (BY SMT R. ANITHA, HCGP FOR R1-R5) THESE
WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF
INDIA PRAYING TO QUASH THE ORDER, PASSED BY TEH R-3 IN PROCEEDINGS DATED
11.8.2015 AT ANNEX-K AND ETC.

IN WP Nos.53403-53405/2017 & 54706/2017 BETWEEN

1. SIDDA RAMU S S/O SIDDAIAH, AGED ABOUT 37 YEARS R/AT NO.276, 2ND STAGE AND
PHASE, WEST OF CHORD ROAD, BANGALORE-86

2. SMT. MALA W/O CHANDRASHEKAR, AGED ABOUT 39 YEARS R/AT NO.67, 2ND MAIN, 6TH
CROSS, SIR M.V.LAYOUT, THINDLU, BENGALURU-97

3. N.K. AMBUJAM W/O N.K.KANNAN AGED ABOUT 48 YEARS R/AT FLAT NO.F-7, SV
MEADOWS, KAGGADASANAPURA, 29 C CROSS, C.V.RAMAN NAGAR, BENGALURU-93

4. K.T. VENKATALAKSHMI W/O P. CHANDRASHEKAR, AGED ABOUT 51 YEARS, R/AT.

NO.98/2, DATHATHREYA TEMPLE ROAD, HOSAKEREHALLI, BSK 3RD STAGE, BENGALURU

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 Mohammed Ismail vs State Of Karnataka on 19 September, 2018

85.

... PETITIONERS (BY SRI ROHITH GOWDA, ADV.) AND

1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANASOUDHA, BANGALORE-560

001 REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, K.G.ROAD,

BANGALORE-560 001

3. THE SPECIAL DEPUTY COMMISSIONER BANGALORE NORTH SUB-DIVISION,

BENGALURU DISTRICT-560 001

4. THE ASST. COMMISSIONER BANGALORE NORTH TALUK, BENGALURU -560 001

5. THE TAHASILDAR BANGALORE NORTH TALUK, BENGALURU -560 001

6. M/S BRUNDAVAN REAL ESTATE PVT LTD NO.65, BRINDAVAN, SANJEEVININAGAR,

SAHAKARNAGAR, BENGALURU-560092 REPRESENTED BY ITS DIRECTOR SRI.
NANDAGOPAL REDDY ... RESPONDENTS (BY SMT R. ANITHA, HCGP FOR R1-R5 R6 SERVED)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION
OF INDIA PRAYING TO QUASH THE ORDER, PASSED BY THE R-3 DTD.11.8.2015 VIDE
ANNEX-E AND ETC.

IN WP No.618/2018 BETWEEN MR. RUDALF HADRIAN PEREIRA S/O GREGORY PEREIRA

AGED ABOUT 56 YEARS R/O PEREIRA VILLA, BYNDOOR DAKSHINA KANNADA DISRICT
NOW R/AT:

SHARJAH, U.A.E.

POST BOX NO:95902 SHARJAH, U.A.E REP. BY ITS GPA HOLDER MRS. NORMA WINNIE
NORONHA, W/O W. MORONHA AGED ABOUT 62 YEARS R/AT MAYFLOWER LAXMI
APARTMENT NO.63/8, OPP. TO LALBAHADUR SHASTRI COLLEGE, SULTANPALYA,
BENGALUR NORTH R.T. NAGAR, BENGALURUU 560032.

... PETITIONER (BY SRI. B J ROHITH, ADV. ) AND

1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANASOUDHA, BANGALORE-560

001 REPRESENTED BY ITS PRINCIPAL SECRETARY

2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, K.G.ROAD,

BANGALORE-560 001

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 Mohammed Ismail vs State Of Karnataka on 19 September, 2018

3. THE SPECIAL DEPUTY COMMISSIONER BANGALORE NORTH SUB-DIVISION,

BENGALURU DISTRICT-560 001

4. THE ASST. COMMISSIONER BANGALORE NORTH TALUK, BENGALURU -560 001

5. THE TAHASILDAR BANGALORE NORTH TALUK, BENGALURU -560 001

6. M/S BRUNDAVAN REAL ESTATE PVT LTD NO.65, BRINDAVAN, SANJEEVININAGAR,

SAHAKARNAGAR, BENGALURU-560092 REPRESENTED BY ITS DIRECTOR SRI.
NANDAGOPAL REDDY ... RESPONDENTS (BY SMT R. ANITHA, HCGP FOR R1-R5 R6 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF
INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-3 IN PROCEEDINGS
DTD:11.8.2015 VIDE ANNEXURE-E AND ETC.

IN WP No.14662/2018 BETWEEN K G CHINTHA D/O LATE K E GOPALAN AGED ABOUT 55

YEARS R/AT FLAT NO.T-7, PRAKRUTHI APARTMENT 3RD CROSS,VIJAYASHREE
LAYOUT,MYLASANDRA BENGALURU-59 ... PETITIONER (BY SMT NAGARATHNA S K, ADV.)
AND

1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANASOUDHA, BANGALORE-560

001 REPRESENTED BY ITS PRINCIPAL SECRETARY

2. DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, K.G.ROAD, BANGALORE-560

001

3. THE SPECIAL DEPUTY COMMISSIONER BANGALORE NORTH SUB-DIVISION,

BENGALURU DISTRICT-560 001

4. ASSISTANT COMMISSIONER BANGALORE NORTH TALUK, BENGALURU -560 001

5. THE TAHASILDAR BANGALORE NORTH TALUK, BENGALURU -560 001

6. M/S BRINDAVAN REAL ESTATE PVT LTD NO.65, BRINDAVAN, SANJEEVINI NAGAR,
SAHAKARNAGAR, BENGALURU-560092 REPRESENTED BY ITS DIRECTOR SRI. NANDA
GOPAL REDDY ... RESPONDENTS (BY SMT R. ANITHA, HCGP FOR R1-R5) THIS WRIT
PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE ORDERS PASSED BY THE R-2 DTD. 11.08.2015 VIDE ANNX-G AND
ETC..

*** THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT
MADE THE FOLLOWING:

ORDER Heard the learned counsel for the petitioners and learned HCGP.

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 Mohammed Ismail vs State Of Karnataka on 19 September, 2018

2. With the consent of the learned counsel for the parties, these writ petitions are taken up for final
disposal in view of the short point involved.

3. Petitioners are before this Court being aggrieved by the impugned proceedings
No.RRT/2/NA/22/10-11 dated 11.8.2015 passed by the Special Deputy Commissioner, North Sub
Division, Bengaluru.

4. The learned counsel for the petitioners would place reliance on the Rulings of the decision of the
Hon'ble Division Bench of this Court rendered in W.P.Nos.51551-

52/2013 (KLR-RES-PIL). The Hon'ble Division Bench was pleased to hold that the provisions of
Section 136(3) of the Karnataka Land Revenue Act, 1964 empowers and confers powers, only upon
the Deputy Commissioner, and that the passing of orders by the Special Deputy Commissioner is
contrary to the provisions of Section 136(3) of the Act.

5. The learned HCGP would place on record the copy of the Government Order bearing
G.O.No.CON.E.807 ASD 2014 dated 10.10.2014 whereby the State has notified that all orders passed
by the Special Deputy Commissioner under the provisions of Section 136(3) of the Karnataka Land
Revenue Act, 1964 would be reviewed and confers exercise of powers under Section 136(3) of the Act
upon the Deputy Commissioner of IAS cadre only. It is submitted by the learned HCGP that the
respondent authority would reconsider the issues in accordance with the Government
Order/Notification and in conformity of the order passed by the Hon'ble Division Bench of this
court in W.P.Nos.51551-

52/2013 (KLR-RES-PIL). The submission of the learned HCGP is placed on record.

6. In that view of the matter, the writ petitions are disposed of. The impugned order is set aside. The
matter is remitted back to the respondent No.2-Deputy Commissioner for consideration and
disposal in accordance with law. The respondent No.2-Deputy Commissioner shall endeavour to
hear the parties and dispose of the matters within a period of six months from the date of
appearance of the parties.

The parties shall appear before the respondent No.2-

Deputy Commissioner on 28.9.2018 @ 3.00 p.m. without waiting for any further notice of hearing.

The writ petitions stand ordered in the above terms.

Sd/-

JUDGE DM

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