Disposed

Bhandarkar'S Arts and Science College Trust v. State of Karnataka

Karnataka HC31 Oct 2023WP/8874/2021

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging a notice alleging illegal occupation of Government land. The Court noted that disputed questions of fact regarding encroachment cannot be examined under the Constitution and directed petitioners to reply to the notice before final disposal.

What did the court decide?

Petitioners directed to reply to notice dated 04th May 2021; writ petition disposed of without gaining prayer.

Bhandarkar'S Arts and Science College Trust Vs State of… — Property and Title | Karnataka HC (2023)

¶1

¶2

NC: 2023:KHC:38506 WP NO.8874 OF 2021

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 31^ST DAY OF OCTOBER, 2023

¶5

BEFORE

¶6

THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.8874 OF 2021 (KLR-RES)

¶7

BETWEEN:

¶8

BHANDARKAR'S ARTS AND SCIENCE COLLEGE TRUST A TRUST REGISTERED UNDER THE INDIAN TRUST ACT, SPONSORED BY

¶9

THE ACADEMY OF GENERAL EDUCATION, MANIPAL HAVING ITS OFFICE AT VADERA HOBLI, KUNDAPUR UDUPI - 576 201. BY ITS PRINCIPAL.

¶10

ACADEMY OF GENERAL EDUCATION UNIVERSITY BUILDING MADAVANAGAR, MANIPAL, UDUPI - 576 104. BY ITS ADMINISTRATIVE OFFICER.

¶11

…PETITIONERS

¶12

(BY SRI. AJITH A. SHETTY, ADVOCATE)

¶13

Digitally signed by ARUN KUMAR M S Location: High Court of Karnataka

¶14

AND:

¶15

STATE OF KARNATAKA DEPARTMENT OF REVENUE 5^TH FLOOR, M.S. BUILDING, DR. AMBEDKAR VEEDHI BENGALURU - 01. BY ITS PRINCIPAL SECRETARY.

¶16

THE DEPUTY COMMISSIONER UDUPI DISTRICT, RAJATHAADRI, MANIPAL, UDUPI - 576 104.

¶17

¶18

NC: 2023:KHC:38506 WP NO.8874 OF 2021

¶19

ASSISTANT COMMISSIONER KUNDAPURA SUB-DIVISION, KUNDAPURA,

¶20

UDUPI - 576 201.

¶21

TAHSILDAR KUNDAPURA TALUK, KUNDAPURA, UDUPI - 576 201.

¶22

TOWN MUNCIPAL COUNCIL KUNDAPURA, UDUPI - 576 201. BY ITS CHIEF OFFICER.

¶23

SRI. GANESH SEHTTY FATHER'S NAME: NOT KNOWN R/AT GADDEMANE, LIC ROAD, VADERA HOBLI VILLAGE, KUNDAPUR, UDUPI - 576 201.

¶24

SRI. SHARATHCHANDRA HEGDE S/O LATE SADANANDA HEGDE AGED ABOUT 62 YEARS, SATWADY MOODLAKATTE POST, KUNDAPURA TALUK UDUPI - 576 217.

¶25

…RESPONDENTS

¶26

(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R4; SRI. H. JAYAKARA SHETTY, ADVOCATE FOR R6 AND R7; VIDE ORDER DATED 05.09.2023, NOTICE TO R5 IS DISPENSED WITH)

¶27

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 14^TH NOVEMBER, 2017 PASSED BY THE RESPONDENT NO.4 IN PROCEEDING BEARING NUMBER NCR:CR:47/2015-16 VIDE ANNEXURE-N; AND ETC.

¶28

THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

¶29

3 - NC: 2023:KHC:38506 WP NO.8874 OF 2021

¶30

O R D E R

¶31

In this writ petition, petitioners have challenged order dated 14^th November, 2017 (Annexure-N) passed by the respondent No.4; inter-alia sought for quashing the consequential notice dated 04^th May, 2021 (Annexure-P) issued by the respondent No.4 and endorsement dated 03^rd May, 2021 (Annexure-O) issued by the respondent No.3.

¶32

It is the case of the petitioners that the petitioner No.1 claims to be a Trust and respondent No.2 is the Educational Institution. It is stated in the writ petition that, a complaint has been lodged against the petitioner-Institution by respondents 6 and 7 stating that the petitioners are in illegal occupation of Government land to an extent of thirty Two cents in Survey No.192/A3A1C of Vaderahobli Village, Kundapur Taluk. Pursuant to the same, an enquiry was initiated against the petitioner-Institution. It is also forthcoming from the writ petition that the public road maintained by the Taluk Development Board, Kundapur, laying adjacent to the land belonging to the petitioners and further, during the widening of

¶33

the Road by the competent authorities, a portion of land in Survey No.192/1A3C2 to an extent of 32 cents is the subject

¶34

¶35

NC: 2023:KHC:38506 WP NO.8874 OF 2021

¶36

matter of the writ petition. Petitioners have challenged the notice dated 04^th May, 2021 (Annexure-P) issued by the respondent No.4, wherein it is stated that the petitioners have illegally constructed the building in the land belonging to the Government and accordingly, sought for explanation from the petitioners. Hence, this writ petition.

¶37

Heard Sri. Ajith A. Shetty, learned counsel appearing for petitioners; Sri. Mohammed Jaffar Shah, learned Additional Government Advocate appearing for respondents 1 to 4; and Sri. H. Jayakara Shetty, learned counsel appearing for respondents 6 and 7.

¶38

Sri. Ajith A. Shetty, learned counsel appearing for the petitioners contended that the notice under challenge is coupled with taking action against the petitioners. He also submitted that there is no encroachment as envisaged in the impugned notice dated 04^th May, 2021 (Annexure-P), so also, he submitted that the respondent No.4 has not issued prior notice to the petitioners before issuing the impugned notice dated 04^th May 2021 (Annexure-P). Accordingly, he sought for interference of this Court.

¶39

¶40

NC: 2023:KHC:38506 WP NO.8874 OF 2021

¶41

Per contra, Sri. H. Jayakara Shetty, learned counsel appearing for respondents 6 and 7 invited the attention of Court to the order dated 19^th January, 2021 (Annexure-R11) passed in Writ Petition No.47747 of 2017 and connected petitions furnished along with the statement of objections and submitted that the very same order dated 14^th November, 2017 which was considered by this Court, has been challenged in the present writ petition and accordingly, sought for dismissal of the writ petition.

¶42

Sri. Mohammad Jaffar Shah, learned Additional Government Advocate appearing for respondents 1 to 4 sought to justify the action of the respondent-Authorities.

¶43

In the light of submission made by learned counsel appearing for the parties, I have carefully considered the observation made by Division Bench of this Court at Paragraphs 155.1 and 155.2 of the order dated 19^th January, 2021 passed in Writ Petition No.47747 of 2017 and connected petitions, which reads as under:

¶44

" 155.1 Proceedings under the impugned Act has been initiated on the basis of complaint lodged by jurisdictional Tahsildar on the ground that petitioner has encroached upon the Government land. Record on hand

¶45

¶46

NC: 2023:KHC:38506 WP NO.8874 OF 2021

¶47

would indicate that there were several correspondence between the petitioners and respondent-authorities and on account of personal hearing having not been extended to the petitioner to demonstrate that no portion of Government land was encroached, for reasons best known, same was not extended. Hence, petitioners had approached this Court in W.P.Nos.62974-975/2016 which came to be disposed of on 20.06.2017 (AnnexureK) quashing the order impugned therein and directing the respondent-authorities to extend petitioners an opportunity. Thereafter, an order came to be passed on 14.11.2017 by second respondent by arriving at a conclusion that the land bearing Sy.No192/1A3A1C measuring 0.32 acres situated at Voderahobli village, Kundapura taluk and the building constructed 670 thereon is by encroaching the land vested to the Government and second respondent has called upon the petitioners to hand over the building to the custody of the Government. It is thereafter, proceedings under the impugned Act has been initiated.

¶48

155.2 As to what is the extent of Government land which is abutting the land which has been granted to the petitioners and whether there is any encroachment are all disputed questions of fact. Said disputed questions of fact, cannot be gone into by this court under Article 226 and 227 of the Constitution of India and as such, the petition is liable to be dismissed. The legal issues relating to the constitutional validity urged in the writ petition has already been discussed in detail herein above. Subject to the observations made on the legal issues raised, this petition stands dismissed."

¶49

¶50

NC: 2023:KHC:38506 WP NO.8874 OF 2021

¶51

The Division Bench of this Court had an occasion to consider the order dated 14^th November, 2017, which is impugned in the present writ petition and that apart, the petitioners herein have not annexed the copy of the order passed by the Division Bench of this Court in the present writ petition, which would show the conduct of the petitioners. It is also forthcoming from the writ petition that the petitioners have challenged the notice dated 04^th May, 2021 (Annexure-P). In that view of the matter, I am of the view that, petitioners to make a reply to the said notice dated 04^th May, 2021 and in the event, if such reply is made by the petitioner, the same shall be considered by the respondent-Authorities in accordance with law taking into account the order passed by the Division Bench of this Court in Writ Petition No.47747 of 2017 and connected petitions. With these observations, writ petition stands disposed of.

¶52

SD/JUDGE

¶53

ARK

Bhandarkar'S Arts and Science College Trust v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Bhandarkar'S Arts and Science College Trust v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri N S Maligappa Vs the State of Karnataka

Sri.C. Venkatesh Vs the State of Karnataka

Sri Avalappa Vs the State of Karnataka

Sri Kumara Raja S Vs Thasildar

Sri. Mohan Vs the State of Karnataka

The State of Karnataka Vs Narayanappa