DHANALAKSHMI @ PUSHPA, W/O NAGARAJ Vs. THE DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT BANGALORE AND OTHERS

JUDGEMENT

(1.) TO be, or not to be, - that is the dilemma with which Hamlet the prince of Denmark was confronted when he had to make up his mind as to whether to act on the information that he received from the ghost of his father the King of Denmark informing that the King had been murdered by his brother not only to annihilate the King but also to annex the queen herself and therefore, it was his duty to seek revenge and to set right things by ending the life of his uncle, the then King of Denmark or to remain inactive and to suffer in silence the treacherous act of his uncle and allow the ghost of his father to keep wandering around without peace or salvation!

(2.) SUCH was the question which haunted Hamlet as we learn from the Drama 'Hamlet' by Shakespeare in the following passage in Act III Scene I, which is as follows: - Hamlet To be, or not to be - that is the question; Whether 'Us nobler in the mind to suffer The slings and arrows of outrageous fortune, Or to take arms against a sea of troubles, And by opposing end them? To die, to sleep - No more; and by a sleep to say we end The heart -ache and the thousand natural shocks That flesh is heir to. 'Tis a consummation Devoutly to be wish'd. To die, to sleep; To sleep, perchance to dream. Ay, there's the rub; For in that sleep of death what dreams may come. When we have shuffled off this mortal coil. Must give us pause. There's the respect That makes calamity of so long life; For who would bear the whips and scorns of time, Th' oppressor's wrong, the proud man's contumely, The pangs of despis'd love, the law's delay. The insolence of office, and the spurns That patient merit of th' unworthy takes, When he himself might his quietus make With a bare bodkin? Who would these fardels bear, To grunt and sweat under a weary life, But that the dread of something after death - The undiscover'd country, from whose bourn No traveller returns - puzzles the will, And makes us rather bear those ills we have Than fly to others that we know not of ? Thus conscience does make cowards of us all; And thus the native hue of resolution Is sicklied o'er with the pale cast of thought And enterprises of great pitch and moment. With this regard, their currents turn awry And lose the name of action. - Soft you now ! The fair Ophelia. - Nymph, in thy orisons Be all my sins rememb 'red.

(3.) WHETHER to put an end to the present proceedings or to find the easy way out by remanding this matter in the sense keeping it open for a fresh round of enquiry, scrutiny and order by the Asst. Commissioner in the third round of enquiry under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short the PTCL Act') as is vehemently and passionately urged by Mr. Madhusudan Rao, learned counsel for the petitioner in W.P. No. 32756/2010 (SC/ST) and Sri. M.S. Rajendra Prasad, learned Sr. Counsel appearing for the petitioners in W.P. Nos.33615 and 36555/2010 (SC/ST) by setting aside or quashing the impugned order viz., the order dated 19.7.2010 passed by the Deputy Commissioner (copy produced as Annexure -N in W. P. No. 32756/2010 (SC/ST) and as Annexure B in W.P. Nos.33615 and 36555/2010 (SC/ST), is the question that haunts this court!