ORDER :

The petitioners have sought for quashing the entire proceedings in Crime No.88/2013 registered by the Bengaluru Metropolitan Task Force on 23-5-2013 pending on the file of Chief Metropolitan Magistrate, Bengaluru.

2. Heard learned counsel for the petitioners and learned High Court Government Pleader for respondents.

3. Facts leading to this petition are that on the basis of the complaint filed by the Tahsildar, Bengaluru East Taluk (K.R.Pura) dated 23.5.2013, the Bengaluru Metropolitan Task Force police have registered the case. The allegations are that in Survey No.13/2 and 14 within the limits of K.R. Pura Hobli, ‘Fortune Valley Layout’ was developed without obtaining the approval by the Bangalore Development Authority and in violation of the Town and Country Planning Act. The approval taken from the Grama Panchayat is not in accordance with law. The development charges and licence fee are also not paid to the Government in respect of the said layout. On the basis of the said complaint, a criminal case is registered in Crime No.88/2013 for the offences punishable under Section 420 IPC, Section 192(A) of KLR Act, Section 321 (B) of KMC Act and Section 72 of BDA Act.

4. The learned counsel for the petitioners strenuously contended that, as per the complaint filed by the Tahsildar, the main allegation is, about encroachment of 01 gunta of land in Survey No.14 while developing Fortune Valley Layout. The other offences under Section 420 of IPC, Section 321 (B) of KMC Act and Section 72 of BDA Act are not at all attracted. Insofar as the offence punishable under Section 192(A) of KLR Act is concerned, the Government has issued a Circular No.RD.674.LGB.2008 dated 8-9-2008 regarding the procedure to be followed for removal of the encroachment of Government lands, wherein, it is stated that before initiating the proceedings under Section 192(A) of KLR Act, an opportunity has to be given to the encroachers of Government land against whom the legal action has to be initiated, directing them to produce the records pertaining to the lands and also to submit their reply about the encroachment done by them in the Government land. Learned counsel has submitted that no notice was issued to the petitioners before filing of complaint before the Bengaluru Metropolitan Task Force regarding encroachment of 01 gunta of land in survey No.14 which is said to have been encroached by the petitioners. At present, no documents are forthcoming to show that the notice was issued to the petitioners before filing the complaint.

5. The learned counsel for petitioners has relied on the decision reported in ILR 2008 Karnataka 4520 (Smt. Lalitha Sastry Vs. State of Karnataka represented by its Secretary Department of Parliamentary Affairs and Legislation and others), wherein, this Court has held as under:

(A) CONSTITUTION OF INDIA-ARTICLES 226 AND 227 ALLEGATION OF ENCROACHMENT OF GOVERNMENT LAND-Complaint by the Tahsildar-Initiation of criminal proceedings before the Jurisdictional Magistrate against the petitioners – Grievance of the petitioners, Criminal Prosecution is launched without following the principles of natural justice – Prayer to quash criminal proceedings – HELD, Principles of natural justice demands that the petitioners ought to have been given an opportunity to have their say in the matter – The proceedings can not be sustained as the Tahsildar has lodged the complaint without giving any such opportunity, without conducting any survey in the presence of the petitioners and the complaint was lodged merely on the basis of the documents to which the petitioners are not parties.

(B) KARNATAKA LAND REVENUE ACT, 1964 – AMENDMENT – INTRODUCTION OF SECTION 192-A-Encroachment of Government Land-Allegation – Complaint-Initiation of Criminal Proceedings-Procedure require to be followed – HELD, Section 192-A stipulates a procedure under which a show cause notice is to be given calling upon those alleged encroachers to file their objections within 15 days.