Mandatory notice of 15 days under Section 192-A of the Karnataka Land Revenue Act is essential before initiating criminal proceedings for encroachment, ensuring compliance with natural justice.

ORDER :

(S.R. KRISHNA KUMAR, J.)

In this petition, the petitioners seek the following reliefs:

"WHEREFORE, the Petitioners above named, most respectfully pray that this Hon'ble Court be pleased to set aside the order of cognizance dated 13/06/2024, which reads as:

"Perused the charge sheet material submitted by I.O. Prima Facie case made out. Hence, cognizance for the offences Punishable U/Sec. 353, 427, 447, 34 of the IPC , Sec.192(A) of the KARNATAKA LAND REVENUE ACT and Sec.51 of Disaster Management Act is taken. Office is hereby directed to register Criminal Case against the accused No.1 to 3 in register No.III for the above offences. Issue summons to accused No.1 to 3", And the consequent proceedings in C.C.No.3693/2024 pending on the file of the Hon'ble Additional Chief Judicial Magistrate, Bengaluru Rural District, At Bengaluru and pass any other orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice."

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

3. A perusal of the material on record will indicate that the respondent No.2 – Revenue Inspector filed the instant complaint dated 01.09.2022 against the petitioners which was registered as an FIR in Crime No.263/2022 for the offences punishable under Section 192-A of the KARNATAKA LAND REVENUE ACT , 1964 (for short, 'the KLR Act') and Section 51 of the Disaster Management Act , 2005 (for short, 'the Act, 2005') as well as Sections 353 , 427, 447 read with Section 34 of the INDIAN PENAL CODE , 1860 (for short, ' IPC ').

4. In pursuance of the same, the respondent No.1 – Police authorities having conducted investigation, filed a charge sheet which is currently pending in C.C. No.3693/2024 before the Trial Court, aggrieved by this, the petitioners are before this Court by way of the present petition.

5. A perusal of the material on record will indicate that in so far as the offences punishable under Section 192-A of the KLR Act are concerned, in the case of Smt.Lalitha Sastry v. State of Karnataka and others [W.P. No.3969/2007 and connected cases disposed of on 22.09.2008; 2008 SCCOnLine Kar 428], which was followed by a coordinate Bench of this Court in the case of Kaliyanda A Poovamma and Others v. The State of Karnataka and another [Crl. P. No.8024/2017 disposed of on 07.02.2023], this Court has held that in the absence of mandatory notice of 15 days, the proceedings for the offences punishable under Section 192-A of the KLR Act, would not be maintainable and the same deserve to be quashed. In Lalitha Sastry's case (supra), this Court held as under:

"In all these Writ Petitions the petitioners are seeking the relief of quashing the complaint filed by the Tahsildar against them with the jurisdictional Station House Officer and the proceedings initiated against the petitioners before the Chief Metropolitan Magistrate/Chief Judicial Magistrate as well as the charge sheets filed against them.

2. The main grievance of the petitioners in all these cases is, they are in occupation of the disputed land in question in their own right. It is not a Government land. They have not encroached upon any portion of the Government land. In fact some of them are purchasers of such lands. They are put in possession by their vendors, on the basis of documents handed over to them at the time of purchase. They are not aware of the factual position and may be innocent also. In spite of the same these proceedings are initiated against them as if they have encroached the Government land which is made an