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2025 DAILYLAW 51298 (KAR)

SRI T M RAMANJINAPPA v. THE STATE OF KARNATAKA

WP/26678/2025 · 2025-09-22

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:38065 WP No. 26678 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.26678 OF 2025 (KLR-RES) BETWEEN: SRI T. M. RAMANJINAPPA S/O. LATE MUNIYAPPA AGED ABOUT 57 YEARS R/AT THARAHUNASE VILLAGE JALA HOBLI, YELAHANKA TALUK BENGALURU-560 021 &PETITIONER (BY SRI HARISH KUMAR V. L., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING, AMBEDKAR VEEDI BENGALURU-560 001 REPRESENTED BY ITS SECRETARY 2. THE SPECIAL DEPUTY COMMISSIONER-3 BENGALURU NORTH DIVISION DEPUTY COMMISSIONER OFFICE 3RD FLOOR, BENGALURU URBAN DISTRICT BENGALURU -560 009 3. THE TAHSILDAR YELAHANKA TALUK OFFICE AT MINI VIDHAN SOUDHA YELAHANKA BENGALURU -560 064 &RESPONDENTS Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38065 WP No. 26678 of 2025 (BY SRI SESHU V., H.C.G.P.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 17/05/2025 IN CASE NO.RRT(2)(NA)CR.76/2008-2009 AT ANNEXURE-A AND TO QUASH THE PROCEEDINGS IN CASE NO. RRT(2)(NA)CR.76/2008-2009 PENDING BEFORE THE RESPONDENT NO.2 AT ANNEXURE-W. THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The grievance of the petitioner is directed against the impugned notice dated 17.05.2025 at Annexure 8A9 issued by the second respondent-Special Deputy Commissioner- 3, Bengaluru North Division, calling upon the petitioner to furnish all the relevant records to find out the genuineness of the original grant. 2. Learned counsel for the petitioner submits that this Court while disposing of W.P.No.33357/2016 filed at the hands of the petitioner directed the Assistant Commissioner and Tahasildar to conduct phodi of the land belonging to the petitioner after verifying the records, - 3 - HC-KAR NC: 2025:KHC:38065 WP No. 26678 of 2025 within a period of three months from the date of receipt of a copy of the order. However, when the respondents did not comply with the directions, the petitioner filed a contempt petition in CCC No.33/2021. The Deputy Commissioner heading the Committee for building up missing records, passed an order on 18.03.2021 declaring that 4 acres of land were indeed granted to Smt.Puttamma and therefore records were directed to be built up while also directing the Tahasildar and the survey authorities to proceed to conduct the phodi as directed by this Court. Learned Counsel submits that accordingly phodi has been conducted and the contempt proceedings were closed. Now again, the impugned notice is issued requiring the petitioner to appear before the Special Deputy Commissioner 3 3, Bengaluru North Division, again to find out the genuineness of the grant said to have been made in favour of Smt.Puttamma. 3. This Court had directed the learned HCGP to secure instructions from the second respondent-Special - 4 - HC-KAR NC: 2025:KHC:38065 WP No. 26678 of 2025 Deputy Commissioner as to why such notice is issued despite all earlier proceedings. The Special Deputy Commissioner is not in a position to give any instructions to the learned HCGP. 4. Accordingly, the writ petition is allowed while setting aside the impugned notice dated 17.05.2025 at Annexure 8A9, while also making it clear to the respondent- authorities that such notices calling upon the petitioner to furnish relevant documents to show the genuineness of the original grant cannot be issued again and again when matters have been heard and have attained finality. Such an act on the part of the revenue authority would border on Contempt of Court. Ordered accordingly. Sd/- (R DEVDAS) JUDGE JT/- CT:VC