The Karnataka Excessive Court docket has refused to remain proceedings in reference to the alleged land encroachment at Kethaganahalli within the Ramanagara district by Union Metal Minister for Metal and Heavy Industries H D Kumaraswamy. The matter was heard on April 8 by a bench consisting of Justice N S Sanjay Gowda.
On this case, Kumaraswamy, the previous Karnataka chief minister, had challenged the jurisdiction of the Ramanagara tahsildar in issuing a discover to him concerning 14 acres of alleged encroachment in 2014 and likewise the constitutional validity of Part 104 of the Karnataka Land Income Act, which offers with the abstract eviction of an unauthorized occupier.
The opposing Extra Advocate Basic (AAG) had additionally beforehand given a voluntary endeavor towards coercive motion, which might not be in power.
Kumaraswamy’s counsel argued that in such circumstances, the tahsildar must conduct an investigation as per Part 67, which offers with the scope of presidency property and claims. The counsel argued {that a} discover couldn’t be issued by the tahsildar beneath Part 104 earlier than conducting this inquiry.
The AAG, however, said that Part 104 gave abstract powers, and in any case, a Part 67 inquiry would solely apply in case of a authorities declare. On this case, the tahsildar was of the view that the encroached land belonged to the federal government, supported by a sketch and report, and therefore an inquiry was not obligatory.
The court docket noticed that because the tahsildar’s discover was a show-cause discover, the reply to this must be given first.
The bench said, “The tehsildar, in view of the report and sketch, has principally known as upon the petitioner to point out trigger as to why motion shouldn’t be initiated towards him….In my opinion, clearly, the tehsildar would contemplate the objections which can be filed by the petitioner and solely thereafter, an order of eviction can be handed. In that view of the matter, there isn’t any justification for staying all additional proceedings pursuant to impugned discover at Annexure ‘A’.”
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The court docket granted liberty to H D Kumaraswamy to answer to the discover and ordered to offer entry to any report that the tahsildar had relied upon. The matter is ready to be additional heard on April 22.
Other than Kumaraswamy, former Mandya MP G Madegowda, former MLA D C Thammanna — an in depth relative of the JD(S) minister —and an aunt of Kumaraswamy have been accused of encroaching on authorities land valued at Rs 130 crore on the time.