2017 Supreme(Kar) 451
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
A.N. VENUGOPALA GOWDA, J.
P. BASAVARAJU S/O. PARASHURAMAIH – PETITIONER
Versus
THE DEPUTY COMMISSIONER TUMKUR DISTRICT AND OTHERS – RESPONDENTS
WRIT PETITION NO.33287 of 2016 C/W WRIT PETITION NO.33288 of 2016 (SC/ST)
Decided On : 01-06-2017
For the Petitioner: SRI. JAGDISH SHASTRI, ADV.
For the Respondent: SRI A.G. SHIVANNA, AAG ALONG WITH SRI M.A. SUBRAMANI, HCGP
Headnote:
Karnataka Scheduled Castes and Scheduled Tribes Act, 1978 - Section 5A - Constitution of India1950 - Articles 21,39A and 227 - Order Sheet - Petitioner with an identical prayer was disposed of on respectively with an observation that he should make a request before Deputy Commissioner for early disposal of cases - Despite request made appeals having not been decided these petitions were filed on to direct 1st respondent to decide said appeals within a stipulated period - Order Sheets of appeals show that on all hearing dates cases were adjourned citing administrative grounds - Reason for adjournments has not even been recorded and only rubber stamp affixed and blank showing adjourned dates was filled by hand - Whether case is required to be decided by adopting summary procedure or otherwise – Held, Object behind establishing statutory forums and conferring jurisdiction to decide summarily specified category of cases which need to be and are capable of being disposed of by adopting summary procedure is to secure expeditious disposal and curtail lengthy procedure of litigation - Word summary implies a short and quick procedure as an alternative tool to curtail more elaborate procedure ordinarily adopted or prescribed for deciding cases - Proceeding before a Tribunal or an Authority is called summary proceeding if it is not required to follow regular formal procedure but is authorised to follow a short and quick procedure for expeditious disposal - Hence authorities concerned should keep in mind whether case is required to be decided by adopting summary procedure or otherwise - Court acknowledge with gratitude assistance rendered by learned - Advocate General – Court place on record deep appreciation for assistance rendered by him by taking up issues raised during course of hearing with concerned authorities and coming up with suggestions for improvement of system for benefit of public at large - Registry is directed to send a copy of this Order to Chief Secretary Government of Karnataka for compliance - Petitions disposed of
The petitioner, arrayed as a respondent, in Appeal bearing PTCL Nos. 19/2012-13 and 06/2013-14, filed under S.5A of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 before the Deputy Commissioner, Tumkur District, filed these petitions asking for issue of a writ of mandamus to decide the appeals with expedition.
2. W.P. Nos.6910/2014 and 6909/2014 filed by the petitioner with an identical prayer was disposed of on 20.02.2014 and 16.10.2014 respectively with an observation that he should make a request before the Deputy Commissioner for early disposal of the cases. Despite the request made, the appeals having not been decided, these petitions were filed on 13.06.2016 to direct the 1st respondent to decide the said appeals within a stipulated period.
3. Though the aforesaid appeals were filed during 2013 and 2014 and hearing dates fixed, not even on a single hearing date the Deputy Commissioner held the sitting. The Order Sheets of the appeals show that on all the hearing dates the cases were adjourned citing administrative grounds. The reason for adjournments has not even been recorded and only the rubber stamp affixed and the blank showing the adjourned dates was filled by hand.
4. Notice of the petitions was directed and the respondents appeared through the learned Government Counsel, who stated that the two appeals will be decided by the 1st respondent without any delay.
5. When the matter came up for consideration, though the main prayer in the petitions has become infructuous on account of deciding of both the appeals by the Deputy Commissioner, Tumkur District on 03.10.2016, having regard to the nature of issue raised and these petitions being not isolated cases of delay in deciding of cases by statutory authorities exercising quasi judicial powers, to prevent the filing of similar petitions by others who may be similarly placed, it was felt necessary to deal with the matter keeping public interest in view.
6. The Order sheet of the case maintained by the Deputy Commissioner vide Annexure-D pertaining to PTCL No.06/2013-14 shows that except on 13.06.2014, no sitting was held for a period of more than 2½ years. Similarly, the Order sheet of the case maintained by the Deputy Commissioner vide Annexure--E pertaining to PTCL No.19/2012-13 shows that the matter has been adjourned on every hearing date from 12.04.2013 and no sittings held by the Presiding Officer till the date these petitions were filed.
7. Both parties and their learned advocates have been made to appear and return back on every hearing date. The cases point out a disturbing feature in the matter of conducting cases by the statutory authorities performing the quasi judicial functions.
8. Recording the submission of learned Government Advocate that a Circular would be issued to all the quasi judicial authorities to take up cases on the scheduled hearing dates, to avoid inordinate delay/inconvenience to parties and their learned advocates, these petitions were adjourned to 03.08.2016.
9. On 27.09.2016, Sri A.G. Shivanna, learned Additional Advocate General submitted that Government of Karnataka as having taken a decision on 26.09.2016 in the matter of streamlining the speedy disposal of the cases pending before all the quasi judicial authorities. A memo was filed enclosing copy of the proceedings held under the Chairmanship of Addl. Chief Secretary.
10. On 05.10.2016, learned AAG was directed to obtain instructions with regard to appointment of nodal officers at all the levels for effectively monitoring of the quasi judicial cases and web hosting of day-to-day proceedings and orders passed by the statutory authorities. Nodal Officers having been appointed at the Secretariat, Division and District levels, to monitor the cases, a Circular issued on 06.10.2016 to monitor the cases on the files of quasi judicial authorities within their respective jurisdiction and another Circular issued on 18.10.2016 notifying t