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Karnataka High Court · body

1990 DIGILAW 95 (KAR)

RAMESH A. MANIVA v. TAHSILDAR, VIRAJPET TALUK, KODAGU DISTRICT

1990-02-26

M.P.CHANDRAKANTARAJ

body1990
M. P. CHANDRAKANTARAJ, J. ( 1 ) THIS MATTER COMING UP FOR ORDERS, BY CONSENT OF THE COUNSEL for THE PETITIONER AS WELL AS THE CONTESTING RESPONDENT IS TAKEN up FOR FINAL DISPOSAL AND DISPOSED OF BY THE FOLLOWING ORDER. ( 2 ) THE RESPONDENT-TAHSILDAR, WHO DIRECTED ISSUE OF NOTICE TOTHE PETITIONER HAS REMAINED ABSENT AND UNREPRESENTED DESPITE service OF NOTICE. HE IS PLACED EX PARTS. ( 3 ) THE PETITIONER IS AGGRIEVED BY THE ORDER AS AT ANNEXURE-BBY WHICH THE REGISTRATION CERTIFICATE ISSUED AS AT ANNEXURE 'a' has COME TO BE CANCELLED BY THE 1st RESPONDENT-TAHSILDAR. THE impugned ORDER PROCEEDS ON THE BASIS THAT ONE K. N. MEDAPPA, the 2nd RESPONDENT HEREIN PURCHASED AT AN OUT-RATE SALE 4 ACRES 25 CENTS OF LAND OUT OF 5 ACRES IN S. NO. 258/1 OF NEMMALE VILLAGE in VIRAJPET TALUK. THE PETITIONER HAD BEEN ISSUED WITH THE coffee REGISTRATION CERTIFICATE IN RESPECT OF THE SAID LAND BY respondent NO. 1 AND HE DID NOT PRODUCE THE SAME DESPITE NOTICE which HE HAD REFUSED. IN THAT CIRCUMSTANCE, HE PROCEEDED TO change THE COFFEE REGISTRATION CERTIFICATE WITH EFFECT FROM 28-6-1988 IN FAVOUR OF THE 2nd RESPONDENT CANCELLING THE certificate WHICH STOOD EARLIER IN THE NAME OF THE PETITIONER. ( 4 ) THE MAIN GROUND ON WHICH THE ATTACK IS DIRECTED IS THAT THEPETITIONER HAS NOT BEEN HEARD BY THE TAHSILDAR AND NO SUCH notice REFERRED TO IN THE PREAMBLE HAS BEEN SERVED ON THE petitioner AND THEREFORE THE IMPUGNED ORDER SUFFERS FROM THE vice OF VIOLATING RULES OF NATURAL JUSTICE IN PASSING THE IMPUGNED order AND AS SUCH CALLS FOR INTERFERENCE BY THIS COURT. ( 5 ) AS EARLIER NOTICED, THE TAHSILDAR HAS REMAINEDUNREPRESENTED AND THIS COURT HAS NO ACCESS TO THE RECORDS. BEYOND THE ASSERTION MADE IN THE IMPUGNED ORDER ITSELF, THERE IS no EXTRINSIC EVIDENCE PRODUCED BY THE 2nd RESPONDENT BEFORE court TO DISBELIEVE THE ASSERTION MADE BY THE PETITIONER THAT HE has NOT BEEN SERVED WITH ANY NOTICE AND THAT THE IMPUGNED order HAS BEEN PASSED BEHIND HIS BACK AND IN THE CIRCUMSTANCES the IMPUGNED ORDER IS CLEARLY ARBITRARY AND IS IN VIOLATION OF THE rules OF NATURAL JUSTICE. ( 6 ) THE APPLICATION MADE BY THE 2nd RESPONDENT TO THE 1strespondent IN REGARD TO THE CHANGE IN THE COFFEE REGISTRATION certificate SHALL BE DISPOSED OF BY THE 1st RESPONDENT TAHSILDAR after DUE NOTICE TO THE PETITIONER AND AFTER HEARING HIS objections, IF ANY, AS WELL AS THE 2nd RESPONDENT, WHATEVER MAY be THE CONTENTIONS, AND THEREAFTER PASS A FRESH ORDER IN accordance WITH LAW. ( 7 ) ACCORDINGLY, THE IMPUGNED ORDER IS QUASHED. RULE WILL ISSUEAND BE MADE ABSOLUTE IN TERMS ABOVE. IN THE CIRCUMSTANCES OF the CASE, THERE WILL BE NO ORDER AS TO COSTS. --- *** --- .