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2010 DIGILAW 656 (KAR)

M. KUMARRASWAMI BAIPADITHAYA v. STATE OF KARNATAKA

2010-05-28

H.G.RAMESH

body2010
ORDER Petitioner has sought for to issue writ of certiorari to quash the order dated 28-6-2008 passed in CC No. 943 of 2008 arising out of Crime No. 132 of 2008 before Judicial Magistrate First Class, Sullia and also to quash the complaint filed by the 3rd respondent in Crime No. 132 of 2008, dated 21-5-2008 and the entire proceedings initiated against the petitioner and also the charge-sheet filed therein. 2. On the complaint of the Revenue Inspector, Sullia, alleging the . offence punishable under Section 192-A of the Karnataka Land Revenue Act, 1964, case was registered against the petitioner and cognizance of the offence was taken and summons were issued and on appearance of the petitioner, charge-sheet was also filed against him. According to the petitioner, his family is in occupation of the alleged Government land and his daughter has filed application in Form 50 for regularisation of unauthorised occupation and cultivation and mahazar has been drawn by the respondent-authorities, according to which, the land in dispute is not reserved for public purpose and as such, continuation of proceedings against the petitioner is in abuse of process of law. Accordingly, he has sought for quashing the proceedings pending before the Civil Judge (Junior Division) and Judicial Magistrate First Class, Sullia. 3. Heard. 4. The learned Counsel for the petitioner has taken me through the provisions of Section 192-A of the Karnataka Land Revenue Act wherein in Table (4) the proviso provides for exception in initiating action to remove unauthorised occupation when an application is pending consideration for regularisation before the committee constituted under Sections 94-A, 94-B and 94-C of the Act. 5. According to the learned Government Pleader, due notice has been issued to the petitioner and thereafter, charge-sheet has been filed. It is also submitted that the contention taken by the petitioner that his daughter had filed application for grant of land claiming that she is in possession of the land for more than 10 years cannot be accepted, since she would be a minor at that relevant point of time. 6. According to the petitioner, the land in question is a Government land and the application filed by his daughter seeking for regularisation of unauthorised occupation is pending consideration before the committee and no decision has been taken in this regard. 6. According to the petitioner, the land in question is a Government land and the application filed by his daughter seeking for regularisation of unauthorised occupation is pending consideration before the committee and no decision has been taken in this regard. Even it is seen that the said application for regularisation has been filed much before initiation of proceedings by the Revenue Inspector. 7. In the circumstances, petition is allowed and the impugned proceedings pending before the Civil Judge (Junior Division) and Judicial Magistrate First Class, Sullia against the petitioner are quashed. However, if the landis not granted in favour of the daughter of the petitioner, it is for the revenue authorities to take possession of the land.