KANNAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Yet another batch of writ petitions before this Court questioning the order passed by the Special Deputy Commissioner, Bangalore District, in terms of the order dated 10.6.2010 [copy at Annexure-A in both the petitions] where under the Special Deputy Commissioner, purporting to exercise his revisional jurisdiction available under Section 136[3] of the Karnataka Land Revenue Act, 1964 [for short the Act] has brought into existence the impugned order.

(2.) The distinguishing feature in the present order though a large number of such orders are brought before this Court for examination within the scope of judicial review under Article 227 of the Constitution of India is that [a] it is an order passed by the very authority in the third round of the exercise of power under this provision of law [b] it is an order which is reasonably elaborate running to as many as 35 pages and though a good number of such orders have been found fault with by this Court and even quashed and many such orders have been virtually conceded by the State Government as they only deserve to be quashed, a spirited defence by the State Government in these petitions and Sri. Krishna Murthy, learned Special Government Advocate has appeared on behalf of the first Respondent - State and other statutory authorities and the fifteenth Respondent in both the petitions - Karnataka Public Lands Corporation Limited which is said to be a State owned Corporation brought into existence for identifying the Government lands which are under encroachment, to remove the encroachment, to take it to the possession of the State Government and fence all the lands and to preserve and conserve the land as submitted by Sri. Krishna Murthy, learned Special Government Advocate.

(3.) Another significant deviation from such routine writ petitions is that there are other public authorities added as Respondents to these writ petitions such as the fourth Respondent - Bangalore Development Authority, fifth Respondent - Inspector General of Police and Director, Department of Fire and Emergency Services and Respondents 6 to 14 who claim that they are allottees of residential sites in the subject land, namely, Sy. No. 211 in K.G. Banasawadi Village, presently Bangalore East Taluk, said to have been sites allotted in their favour by the fourth Respondent - Bangalore Development Authority and who claimed that it had happened quite some time back in the year 1989 and the latest being in favour of the fifth Respondent - Inspector General of Police and Director, Department of Fire and Emergency Services in the year 1999 and all claiming that they are in possession and also have put up construction and are making use of the subject site for their use and therefore urging that their interest should not be in any way jeopardized in the cross fire between the writ Petitioners and the State and revenue officials acting on behalf of the State under the provisions of the Karnataka Land Revenue Act, 1964.