Karnataka High Court
Smt Radhamma vs The Deputy Commissioner on 8 January, 2024
Author: R Devdas
Bench: R Devdas
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WP No. 10648 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 10648 OF 2023 (KLR-RES)
BETWEEN:
1. SMT. RADHAMMA,
W/O LATE NARAYANASWAMY,
AGED ABOUT 51 YEARS.
2. SRI. VENKATESH,
S/O RAMAKRISHNAPPA,
AGED ABOUT 51 YEARS.
BOTH ARE RESIDING AT
CHIKKATATTAMANGALA VILLAGE,
VIJAYAPURA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT - 562 210.
Digitally signed by
JUANITA ...PETITIONERS
THEJESWINI
Location: HIGH (BY SRI. SHRINIVAS B.S., ADVOCATE FOR
COURT OF SRI. SANJEEV B.L., ADVOCATE)
KARNATAKA
AND:
1. THE DEPUTY COMMISSIONER,
BENGALURU RURAL DISTRICT,
ZILLADALITHA BHAVANA,
1ST FLOOR, BEERASANDRA VILLAGE,
KUNDANA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT - 562 110.
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WP No. 10648 of 2023
2. THE TAHSILDAR,
DEVANAHALLI TALUK,
DEVANAHALLI,
BENGALURU RURAL DISTRICT - 562 110.
...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
RECORDS FROM THE R-1 IN REVISION PETITION 08/2015,
WHICH CULMINATED IN THE ORDER DATED:13/06/2022, VIDE
ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Office objection is over ruled.
Learned Additional Government Advocate is directed to
take notice for both the respondents.
2. Learned counsel for the petitioners submits that
under similar circumstances, this Court, in respect of
neighbouring lands in W.P.No.15140/2022, set aside similar
orders passed by the Deputy Commissioner who initiated suo
motu proceedings invoking the revisional powers under Section
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136(3) of the Karnataka Land Revenue Act, 1964. Learned
counsel submits that this Court had noticed a decision in the
case of Smt.A.Lakshmidevamma Vs. State of Karnataka
and Others in W.P.No.5985/2016 and connected matters
disposed of on 05.04.2016, wherein it was held that even if
proceedings are sought to be initiated suo-motu, on the basis
that the parties have played fraud, even under such
circumstances, the action has to be taken within a reasonable
time. The said judgment was upheld by the Division Bench in
W.A.No.5005/2016 and connected matters dated
24.09.2019. Accordingly, the writ petition was allowed and
such an impugned order passed by the Deputy Commissioner
was set aside while directing the Deputy Commissioner that if
he is of the opinion that the matter requires consideration, he
shall issue notice to the petitioners, hear the petitioners,
summon the original records and verify the same in the
presence of the parties, which should be to the satisfaction of
the parties, and thereafter, the Deputy Commissioner may pass
necessary orders in accordance with law. Learned counsel prays
for similar orders.
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3. Having regard to the undisputed facts, which are
very similar to one in W.P.No.15140/2022, since the Deputy
Commissioner has passed the impugned order in suo motu
proceedings simply by saying that although notice was issued
to the petitioners, they have not appeared, the petitioners are
entitled to the relief as was granted in W.P.No.15140/2022.
4. Consequently, the writ petition is allowed. The
impugned order dated 13.06.2022 passed by the 1st
respondent-Deputy Commissioner in revision petition
No.8/2015 at Annexure-A is hereby quashed and set aside. The
Deputy Commissioner is required to take notice of the
observations made herein above. Thereafter, if the Deputy
Commissioner is of the opinion that the matter requires
consideration, he shall issue notice to the petitioners, hear the
petitioners, summon the original records and verify the same in
the presence of the parties which should be to the satisfaction
of the parties and thereafter, the Deputy Commissioner shall
pass necessary orders in accordance with law.
Ordered accordingly.
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Learned Additional Government Advocate is permitted to
file memo of appearance within a period of four weeks from
today.
Sd/-
JUDGE
rv
CT:SNN
