Karnataka High Court
WP/59737/2015 of ATHANI SUGARS LTD Vs STATE OF KARNATAKA on 31 December 2015
HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31 ST DAY OF DECEMBER 2015 BEFORE THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY WRIT PETITION No.59737 OF 2015 (KLR-RES) BETWEEN: Athani Sugars Limited, (formerly known as Athani Farmers Sugar Factory Limited), Reg. office and Factory
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31[ST] DAY OF DECEMBER 2015
BEFORE
THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY
-WRIT PETITION No.59737 OF 2015 (KLRRES)
BETWEEN:
Athani Sugars Limited, (formerly known as Athani Farmers Sugar Factory Limited), Reg. office and Factory Vishnuannanagar, P.O.Navalihal 591 234, Athani Taluk, Belgaum District, Represented by its Chairman and Managing Director, Sri. Shrimant Balasaheb Patil.
…PETITIONER
(By Shri Nagarale Santhosh Subhash Chandra, Advocate)
AND:
1. State of Karnataka, Department of Revenue, By its Principal Secretary, Vidhana Soudha, Bengaluru 560 001.
2. Deputy Commissioner, Belgavi Office of Deputy Commissioner, D.C.Compound, Belgavi 590 001. Belgavi Office of Deputy Commissioner, D.C.Compound, Belgavi 590 001.
3. Tahsildar, Athani Taluk, Athani Taluk, Athani 591 034, Belgavi District.
…RESPONDENTS
(By Shri E.S.Indiresh, Additional Government Advocate) *****
This Writ Petition filed under Articles 226 and 227 of the Constitution of India, praying to quash the impugned order dated 21.12.2015 at Annexure-C issued by the third respondent and initiation of the further proceedings pursuant to the notice.
This Writ Petition coming on for Preliminary Hearing this day, the court made the following:
O R D E R
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The Tahsildar, the third respondent herein having invoked the power to remove the alleged encroachment and having initiated proceedings under Section 192A of the Karnataka Land Revenue Act, 1964 (Hereinafter referred to as the ‘KLR Act’, for brevity), the petitioner is before this court.
2. The learned counsel for the petitioner would point out that the proceedings contemplated would be pursuant to the invocation of power under Section 67 of the KLR Act. Such power is vested in the Deputy Commissioner of the District and could not be enforced by the Tahsildar or any lesser authority than the Deputy Commissioner. Hence, the very proceedings are without authority of law and are required to be quashed.
3. The learned Additional Government Advocate without committing himself, would also endorse that in so far as the legal aspect is concerned, would state that the proceedings under Section 67 of the KLR Act can be initiated only by the Deputy Commissioner and it would only be a matter of form for the Deputy Commissioner to initiate such proceedings, in the instant case.
4. Therefore, with liberty to the respondents to initiate appropriate proceedings in accordance with law, the present petition stands disposed of. Consequently, Annexure – C is quashed. This will not preclude the respondents from initiating fresh proceedings in accordance with law.
The learned Additional Government Advocate is permitted to file his memo of appearance within two weeks.
Sd/-
JUDGE
nv
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