LAWS(KAR)-2009-2-62

M A PARTHASARATHY Vs. SPL DEPUTY COMMISSIONER

Decided On February 17, 2009
M A PARTHASARATHY Appellant
V/S
SPL DEPUTY COMMISSIONER Respondents

JUDGEMENT

(1.) PETITIONER has preferred this writ petition for a declaration that, the report submitted by the Karnataka Lokayuktha as per annexure-F is void, non est and has no probative value and for quashing Annexure-G i. e. , a notice under Section 136 (3) of the karnataka Land Revenue Act, issued by the special Deputy Commissioner, Bangalore District.

(2.) THE case of the petitioner in brief is that the property bearing No. 1, 12th Cross, rajamahal Vilas Extension, Sadashivnagar, bangalore - 560080, which is a part of 10 acres 28 guntas of land which has been purchased by the petitioner's father late M. A. Srinivasan from the erstwhile Maharaja of Mysore in the year 1953-54 has been in lawful possession and enjoyment of the petitioner and his family members for the last over 52 years uninterruptedly. Petitioner's father late M. A. Srinivasan, died in the year 1998 at his ripe old age of 101. He was the Pradhan of the erstwhile State of Mysore, the Divan of the erstwhile State of Gwalior, a member of the constituent Assembly, a Chairman of the kolar Gold Fields, the founder-President of the GMCI, a Chairman of the Consolidated coffee Limited and the founder-Director of the Air India International Limited. He was such a towering personality of quite a high public-profile and reputation, holding such high offices and positions. After his demise, the former Lokayuktha has been pouring on him, as also on the petitioner, as avalanche of indignant accusations, vituperative references and boisterous-statements, touching on the high-profile, integrity and the reputation of his father, the deceased M. A. Srinivasan and on him.

(3.) THE petitioner was a Chairman of the urban Arts Commission, a Member of lalbagh Trust, a Member of the International union of Conservation of Nature and Natural resources, a Member of the U. N. University, Tokyo, Japan, a trustee of the World-wide foundation Nature in India and a recipient of the Global 500 Award. He has been residing in the property in question. In fact, petitioner and his father had to file several writ petitions before this Court making Lokayuktha a party to those proceedings seeking protection to protect their property. In fact, in the writ petition No. 2199/2005 preferred by the petitioner against Lokayuktha, the Commissioner of bangalore Mahanagara Palike and the Commissioner of Police, after hearing all the parties, this Court passed an order on 16-6-2005 directing the second respondent officials not to enter upon the petitioner's property (beyond the fenced area of Sanky Tank ). It was also made clear if, really there is a dispute in regard to the extent or otherwise, the parties are at liberty to work out their remedy in accordance with law. In the writ petition, they have set-out in detail several writ petitions filed and the prayers made by them.