Allowed

V. T. Poornesh v. the State of Karnataka

Karnataka HC12 Sept 2024WP/24905/2024

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a writ petition challenging an eviction notice issued by the Tahasildar under Section 104 of the Karnataka Land Revenue Act. The Court held that the notice lacked a prior enquiry and treated it as a show-cause notice, directing the petitioner to explain within six weeks and mandating a proper enquiry before any further action.

What did the court decide?

The impugned eviction notice treated as show-cause notice; petitioner directed to explain within six weeks; Tahasildar to conduct enquiry before passing orders.

V. T. Poornesh Vs the State of Karnataka — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:37615 WP No. 24905 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.24905 OF 2024 (KLR-RES)

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BETWEEN:

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V. T. POORNESH AGED ABOUT 46 YEARS S/O THIMMEGODA VALAGEREHALLI, HALASUMANE CHICKMAGALUR TALUK CHICKMAGALUR DISTRICT - 577133

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…PETITIONER

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(BY SRI.K PRASANNA SHETTY, ADVOCATE)

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AND:

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING BENGALURU - 560001

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TAHASHILDAR CHICKMAGALUR TALUK CHICKMAGALUR DISTRICT - 577133

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…RESPONDENTS

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(BY SMT.B.P.RADHA, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

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NC: 2024:KHC:37615 WP No. 24905 of 2024

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NOTICE/ORDER DTD 22.08.2024 IN NO.VASTARE TT (MI)/23-24 (E-477077) ISSUED BY THE TAHSILDAR, CHICKMAGALUR TALUK, I.E R2(ANNX-A) IN SO FAR AS LAND BEARING SY.NO.46 MEASURING 0.08 GUNTAS OF HALASUMANE VILLAGE, VASTARE HOBLI, CHICKMAGALUR TALUK (SL.NO.9 AT ANNX-A) AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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Learned AGA is directed to accept notice for respondents.

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The petitioner is assailing the impugned eviction notice issued by respondent No.2 - Tahasildar under Section 104 of the Karnataka Land Revenue Act.

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Heard learned counsel appearing for the petitioner and learned AGA.

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The petitioner is assailing the impugned eviction notice on the ground that the Authorities have granted the

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petition land and therefore, the respondents on the

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NC: 2024:KHC:37615 WP No. 24905 of 2024

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premise that there is an encroachment could have not

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have issued the impugned eviction notice.

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The petitioner asserts valid title and possessory

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rights by placing reliance on the grant order, which is evidenced at Annexure-A.

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Learned AGA, however, countered petitioner's claim and on instructions, submits that the impugned eviction notice does not pertain to the granted land. She would point out that the petitioner is granted 18 guntas of land in Sy. No.46. However, the respondents' Authorities have issued eviction notice as the petitioner has illegally encroached over phot karab land.

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On examination of the records, this Court is of the

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view that the impugned eviction notice is virtually in the nature of final order. The Authorities before they pass any precipitative orders are required to hold an enquiry and after affording an opportunity against the person interested are required to pass orders in the manner

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4 - NC: 2024:KHC:37615 WP No. 24905 of 2024

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known to law. The eviction notice is not preceeded by any enquiry. The petitioner is asserting that he is in possession pursuant to the grant. However, the Authorities have issued eviction notice on the premise that the petitioner is asserting possessory rights in excess of what was granted to him.

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If these significant details are looked into, this Court is of the view that the petitioner deserves an opportunity to counter the impugned eviction notice issued by respondent No.2 - Tahasildar. The impugned eviction notice shall be treated as show-cause notice. The petitioner is reserved with liberty to file

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objections/explanations to the eviction notice.

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For the foregoing reasons, this Court proceeds to pass the following;

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ORDER

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(i) The writ petition is allowed.

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NC: 2024:KHC:37615 WP No. 24905 of 2024

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(ii) The impugned eviction notice dated 22.08.2024 shall be treated as show-cause notice.

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(iii) The petitioner shall offer an explanation within a period of six weeks from the date of receipt of certified copy of this order.

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(iv) On receipt of objections, if tendered by the petitioner, respondent No.2 - Tahasildar shall conduct proper enquiry and after verifying all the records, shall proceed to pass appropriate orders.

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(v) Till then, respondent No.2 shall not take any precipitative action pending enquiry.

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(vi) The enquiry shall be concluded within a period of eight weeks from the date of receipt of objections.

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SD/(SACHIN SHANKAR MAGADUM) JUDGE

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NBM

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List No.: 1 Sl No.: 9

V. T. Poornesh v. the State of Karnataka

Case brief

What is this about?

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V. T. Poornesh v. the State of Karnataka

Case brief

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