Purchaser challenged eviction notice based on restoration order set aside by deputy commissioner. Court held assistant commissioner lacked jurisdiction to evict after restoration order was set aside and quashed pending proceedings.
The writ petition is allowed and the proceedings pending in SCPTL:HLK/48/83-84 are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:22779 WP No. 7270 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 7270 OF 2021 (SCST)
BETWEEN:
Digitally signed by LAKSHMINARAYAN N
Location: High Court of Karnataka
W/O LATE A. C. NINGAPPA,
AGED ABOUT 50 YEARS,
2(B) A. N. CHANDRASHEKHAR, S/O LATE A. C. NINGAPPA, AGED ABOUT 30 YEARS, OCC. AGRICULTURIST, BOTH ARE R/O ARASANAGATTA VILLAGE, HOLALKERE TALUK, CHITRADURGA DISTRICT - 577 501.
NC: 2023:KHC:22779 WP No. 7270 of 2021
AGED ABOUT 58 YEARS, OCC. AGRICULTURIST, R/O ARASANAGATTA VILLAGE, HOLALKERE TALUK,
CHITRADURGA DISTRICT - 577 501.
…PETITIONERS
(BY SRI. KANTHARAJAPPA M G., ADVOCATE)
AND:
4(A) VINAY, S/O LATE THIMABOVI, AGED ABOUT 45 YEARS, R/O FILTER HOUSE ROAD, 8TH CROSS, NEAR BY MASIDI, CHITRADURGA TOWN - 577 501.
…RESPONDENTS
(BY SRI. VENKATA SATYANARAYANA., HCGP FOR R1 TO 3 SRI. B.RAMESH., ADVOCATE FOR R4(A) (VAKALATH FILED)
THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE EVICTION ORDER PASSED BY THE R-2 DATED.7.12.2020 PRODUCED AS ANNEXURE-B TO THE W.P. AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The captioned petition is filed by the purchaser assailing the order of respondent No.2/Assisant Commissioner, who has issued an eviction notice based on a restoration order dated 10.08.1984.
NC: 2023:KHC:22779 WP No. 7270 of 2021
1979 (for short, 'PTCL Rules'). My answer is emphatically 'No'.
NC: 2023:KHC:22779 WP No. 7270 of 2021
jurisdiction to take possession of granted land in the manner specified under Section 39 of the Karnataka Land Revenue Act, 1964. Therefore, the entire proceedings pending in SCPTL:HLK/48/83-84 are liable to be quashed.
ii. The proceedings pending in
SCPTL:HLK/48/83-84 are hereby quashed.
Sd/JUDGE
HDK
List No.: 1 Sl No.: 7 CT:STK
3 issues framed by the court
Whether the Assistant Commissioner can invoke jurisdiction under Rule 3(6) of the PTCL Rules to issue an eviction notice after the deputy commissioner set aside the restoration order.
Whether the proceeding invoking authority under Section 39 of the Karnataka Land Revenue Act, 1964, is liable to be quashed.
Whether the appeal against the restoration order remains barred despite the Assistant Commissioner passing an eviction order.
2 provisions across 2 enactments
SRI. A. C. JAYAPPA AND ANR.
THE ASSISTANT COMMISSIONER, CHITRADURGA
SRI. GURAPPA
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
