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06/07/2023

VIDE

ANNEXURE-A

PASSED BY R-2 TAHASILDAR, BENGALURU NORTH TALUK IN

NCR/K/CR/114/2022-23 PASSED UNDER SECTION 104 OF

KARNATAKA LAND REVENUE ACT DIRECTING THE PETITIONER

AND OTHERS TO REMOVE THE ALLEGED ENCROACHMENT

OVER

THE

KALUVE

ADJACENT

TO

THE

SY.NO.70

OF

CHOLANAYAKANAHALLI VILLAGE, KASABA HOBLI, BENGALURU

NORTH TALUK AND ETC.

THIS W.P. COMING ON FOR PRELIMINARY HEARING,

THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

Learned Additional Government Advocate accepts

notice for respondents 1 and 2.

Sri. N. R. Jagadeeswara, learned counsel accepts

notice for respondents 3 and 4.

2.

It is the case of the petitioner that the

proceedings are initiated in exercise of power under

Section 104 of the Karnataka Land Revenue Act (for short

'the Act') to remove the encroachment of the Kaluve

existing adjacent

to

the

land in

Sy.

No. 70

of

Cholanayakanahalli Village, Kasaba Hobli, Bangalore North

Taluk. It is submitted that the proceedings under Section

104 of the Act can be initiated by the Tahsildar in the

cases falling under Sections 91, 98 and 99 of the Act.

The Deputy Commissioner under Section 67(2)

of the Act alone has power to conduct enquiry on the

encroachment of the Kaluve or any Government property

mentioned in Section 67(1) of the Act.

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3.

Reliance is placed on the orders passed in

W.P.Nos. 14456/2023 and 13018/2023. The observations

made in W.P.No. 14456/2023 reads as follows:

"1.

The order passed by respondent No.8 under

Section 104 of Karnataka Land Revenue Act, 1964

(for short 'the Act, 1964) directing the petitioners to

remove the encroachments on the government

property in Sy.No.55/1 of Pattanagere Village,

Kengeri Hobli, Bengaluru South Taluk is under

challenge in the writ petition.

2. Section 104 of the Act, 1964 reads as under:

"104.

Summary

eviction

of

person

unauthorisedly occupying land.—

Notwithstanding

anything

contained

in

the

Karnataka Public Premises (Eviction of Unauthorised

Occupants) Act, 1961 (Karnataka Act 3 of 1962) any

person unauthorisedly occupying or wrongfully in

possession of any land which is not transferable by

virtue of any condition lawfully annexed to the

tenure, under the provisions of Section 91, Section

98, or Section 99 may be summarily evicted by the

[Tahsildar] and any crop including trees raised in

the land shall be liable to forfeiture and any building

or other construction erected thereon shall also, if

not removed by him after written notice, as the

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[Tahsildar] may deem reasonable, be liable to

forfeiture or summary removal."

3. Section 67 of the Act, 1964 reads as under:

67. Public Roads, etc., and all lands which are

not the property of others belong to the

Government.—(1) All public roads, streets, lanes

and paths, bridges, ditches, dikes and fences, on or

beside the same, the bed of the sea and of harbours

and creeks below high water mark and of rivers,

streams, nallas, lakes and tanks and all canals and

water-courses and all standing and flowing waters,

and all lands wherever situated which are not the

property of individuals or of aggregate of persons

legally capable of holding property, and except in so

far as any rights of such persons may be established,

in or over the same, and except as may be otherwise

provided in any law for the time being in force, are

and are hereby declared to be with all rights in or

over the same or appertaining thereto, the property

of the State Government.

(2) Where any property or any right in or over any

property is claimed by or on behalf of the State

Government or by any person as against the State

Government, it shall be lawful for the Deputy

Commissioner or a Survey Officer not lower in rank

than a Deputy Commissioner, after formal inquiry to

pass an order deciding the claim.

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(3) Any person aggrieved by an order made under

sub-section (2) or in appeal or revision therefrom

may institute a civil suit contesting the order within a

period of one year from the date of such order and

the f