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2017 DIGILAW 413 (KAR)

Namdev S/o Late Shanker v. State of Karnataka

2017-02-08

RATHNAKALA

body2017
ORDER : Learned Additional Government Advocate takes notice for the respondents. 2. Heard Sri Jairaj K. Bukka, learned counsel for petitioner and Sri Syed Habeeb, learned AGA for respondents. 3. The petitioner is aggrieved by Annexure-P, a notice issued to Tahsildar, Basavakalyan taluk whereby he is called upon to appear before him with documents within three days from the date of service of notice/on 31.01.2014 and submit his explanation in respect of the land of the Government in Sy.No.175 of Mirkal Thanda or hand over possession of the land to the Government otherwise, he will be prosecuted under Section 192 of Cr.P.C. 4. Learned counsel for the petitioner submits that the petitioner was issued ‘C’ form by Tahsildar in respect of the land in his holding. After getting the report of the Revenue Inspector since his name was not shown in the cultivators form in the RTC, he approached the Government for redressal of his grievance. Appreciating the genuineness of his contention, the Department of Personal and Administrative Reforms directed the Deputy Commissioner to consider his request on priority and issue endorsement with a copy of the same for the information of the Department within thirty days. Instead of acting as per the direction as at Annexure-M, Tahsildar is at instituting a criminal proceeding against the petitioner in respect of possession of land in Sy.No.175. 5. As could be seen from Annexure-P/notice, it was served to the petitioner much later to 31.01.2014. In that view of the matter, notice at Annexure-P has become infructuous. However, respondents shall consider the case of the petitioner in the light of the order at Annexure-M within four weeks from the date of communication of this order. If petitioner is in possession in the land in question, he shall not be dispossessed until suitable endorsement in terms of Annexure-M is issued to him. Accordingly, petition stands disposed off.