Karnataka High Court
Smt Umadevi M vs Joint Commissioner (East) Zone on 4 October, 2023
Bench: Suraj Govindaraj
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NC: 2023:KHC:35915
WP No. 16979 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 16979 OF 2023 (LB-BMP)
BETWEEN:
SMT. UMADEVI M.,
W/O DR. N. RAMAIAH,
AGED ABOUT 67 YEARS,
RESIDING AT NO.418, 12TH CROSS,
SADASHIVANAGAR,
BENGALURU - 560 080.
...PETITIONER
(BY SRI. MADHUKAR.M.DESHPANDE., ADVOCATE)
AND:
1. JOINT COMMISSIONER (EAST) ZONE,
BRUHAT BANGALORE MAHANAGARA PALIKE,
ASHOK NAGAR, MAYOHALL,
BANGALORE - 560 001.
2. ASSISTANT REVENUE OFFICER,
Digitally signed HEBBAL SUB- DIVISION,
by BRUHAT BENGALURU MAHANAGARA PALIKE,
NARAYANAPPA BENGALURU - 560 024.
LAKSHMAMMA
Location: HIGH
COURT OF 3. MRS. N. SWAPNASHREE,
KARNATAKA D/O N. NANJAPPA,
AGED ABOUT 43 YEARS,
RESIDING AT NO.130/1,
1ST MAIN, 2ND CROSS,
LOTTEGOLLHALLI, RMV 2ND STAGE,
NEAR DASTA NORTH AVENUE APARTMENTS,
BENGALURU - 560 094.
...RESPONDENTS
(BY SRI.N.R.JAGADEESWARA, ADVOCATE FOR R1 AND R2
SRI.J.R.JAGADISH, ADVOCATE FOR R3)
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WP No. 16979 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE
RECORD IN PROCEEDINGS BEARING
R.P.NO.JC(E)/SEC150/15/2022-23 ON THE FILE OF JOINT
COMMISSIONER (EAST) ZONE, BRUHAT BANGALORE
MAHANAGARA PALIKE, THE R1 HEREIN AND ETC.,
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER/JUDGMENT
1. Petitioner is before this Court seeking for the following
reliefs:
i) Call for entire record in proceedings bearing
R.P.No.JC(E)/Sec150/15/2022-23 on the file
of Joint Commissioner (East) Zone, Bruaht
Bangalore Mahanagara Palike, the
Respondent No.1 herein;
ii) Issue a Writ of Certiorari or any other
appropriate Writ or direction quashing the
order dated 05.07.2023 (Annexure-A)
passed by the Respondent No.1 in R.P.
No.JC(E)/Sec150/15/2022-23;
iii) Issue a Writ of Certiorari or any other
appropriate Writ or direction quashing the
order dated Rectification/Modification order
dated 07.07.2023 passed by the
Respondent No.1 in R.P.
No.JC(E)/Sec150/15/2022-23 (Annexure-
B);
iv) Issue a Writ of Certiorari or any other
appropriate Writ or direction quashing the
entire proceeding conducted by the
Respondent No.1 in
R.P.No.JC(E)/Sec150/15/2022-23
(Annexure-C);
v) Pass such other order as this Hon'ble Court
deems fit to grant in the interest of justice
and equity.
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WP No. 16979 of 2023
2. The grievance of the petitioner is that the petitioner had
entered appearance and participated in proceedings in
R.P.No.JC(E)/Sec150/15/2022-23 when the matter was
taken up on 02.03.2023, the same came to be adjourned
on account of Presiding Officer was otherwise engaged in
election proceedings and as such without fixing the date
the matter came to be adjourned and there after without
intimating the petitioner about the next date of hearing, it
was taken up on 26.05.2023. Respondent No.1 was not
present. The matter was posted for Orders and the Orders
were pronounced on 05.07.2023.
3. On the basis of above, Sri.Madhukar.M.Deshpande, learned
counsel for the petitioner submits that without intimation to
the petitioner the matter was taken up on 26.05.2023 and
Orders passed. If the petitioner was aware of the matter
being taken up on 26.05.2023, he would have addressed
his arguments which would have assisted the Presiding
Officer in passing a reasonable Order.
4. This Court has dealt with similar matter in WP
No.6284/2023 [SRI.MARIGURU SWAMIGARA KUDURE
SAMADHI GADDIGE MUTT/TEMPLE V/S THE CHIEF
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WP No. 16979 of 2023
COMMISSIONER BBMP AND OTHERS] when this Court had
categorically held that when the matter is adjourned by any
Quasi Judicial Officer next date would have to be fixed
while adjourning. If no such date is fixed, a notice by
registered post would have to be issued to all the parties
intimating next date of hearing. The same not having been
done, so the petitioner was not aware that the matter
would be taken up on 26.05.2023. In my considered
opinion, proceedings which were proceeded without due
notice to the petitioner is required to be set aside.
5. Above situation has also arisen on account on Bruhat
Bengaluru Mahanagara Palike ( in short BBMP) not
uploading the Orders, Daily Orders and Judgments, in
respect of the proceedings pending before the Quasi
Judicial Authorities before the BBMP. It is therefore
required that the Chief Commissioner, BBMP in association
with the Principal Secretary E-Governance Department set
up a system for webhosting all the cause lists and Orders
passed in each of the matters on daily basis as done by this
Court and the District Courts under E-Courts project and
now done by the Revenue Department in respect of the
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WP No. 16979 of 2023
Revenue Court Cases Management System, which is
available at rccms.karnataka.gov.in. Detailed project
report and implementation report to be placed before this
Court within four weeks from the date of receipt of the copy
of the Order.
6. Learned AGA is directed to bring the above order to the
notice of Principal Secretary E-Governance Department for
doing the needful. Learned counsel for the Corporation is
directed to bring the above Order to the notice of Chief
Commissioner, Corporation for doing the needful.
7. In that view of the matter, I pass the following Order:
ORDER
i) Writ Petition is allowed. A certiorari is
issued. The Order dated 05.07.2023 passed by
respondent No.1
R.P.No.JC(E)/Sec150/15/2022-23 is quashed.
Consequently the Order dated 07.07.2023
modifying the Order dated 05.07.2023 at
Annexure-B is also quashed.
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WP No. 16979 of 2023
ii) The matter is remitted to respondent No.1
for fresh consideration from the stage that it
was on 02.03.2023 by furnishing a copy of the
petition to the petitioner and providing an
opportunity to the petitioner to file his
objections to the said petition.
iii) Though the above matter is disposed, to
report compliance with the directions in para
No.6 of this Order.
8. Registry is directed to print the name of Smt.B.P.Radha,
learned AGA in the cause list to enable her to appear in
the matter.
9. Re-list 06.11.2023
Sd/-
JUDGE
NJ
