Full Judgment Text
- 1 -
®
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ND
DATED THIS THE 22 DAY OF FEBRUARY 2019
BEFORE
THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA
WRIT PETITION NOs.38056/2017 & 38057/2017(KLR-RES)
C/W W.P.NOs.38051-38053/2017(KLR-RR/SUR)
C/W W.P.Nos.38054-38055/2017(KLR-RES)
C/W W.P.No.38059/2017(KLR-RR/SUR)
C/W W.P.Nos.38060-38062/2017 (KLR-RR/SUR)
C/W W.P.Nos.9662-9664/2018(KLR-RES)
W.P.Nos.38056/2017 & 38057/2017
BETWEEN
1. RUDRAPPA S/O ESHWARAPPA
AGED ABOUT 57 YEARS
AGRICULTURIST
R/O PALYADAHALLI
KASABA HOBLI
HOSADURGA TALUK
CHITRADURGA DISTRICT-577527
2. SMT VIJAYAMMA
W/O MALLIKARJUNA
AGED ABOUT 62 YEARS
AGRICULTURIST
R/O ANIVALA,
HOSADURGA TALUK
CHITRADURGA DISTRICT-577527 ... PETITIONERS
(BY SRI A.V.GANGADHARAPPA
AND SRI G.RAVISHANKAR, ADVOCATES)
- 2 -
AND
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
REVENUE DEPARTMENT
MULTI-STOREYED BUILDING
BENGALURU-560001
2. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT
CHITRADURGA-577501
3. THE ASSISTANT COMMISSIONER
CHITRADURGA SUB-DIVISION
CHITRADURGA-577501
4. THE TAHSILDAR
HOSADURGA TALUK
CHITRADURGA DISTRICT-577527 ... RESPONDENTS
(BY SRI T.S.MAHANTESH, AGA)
W.P.Nos.38056/2017 & 38057/2017 ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE IMPUGNED ORDER DATED
ND
9.11.2010 PASSED BY THE 2 RESPONDENT IN SO FAR AS
IT RELATES TO LAND OF PETITIONERS BEARING
SY.NOS.52/49 AND SY.NO.52/52 OF SIDDAGONDANAHALI,
MUTHODU HOBLI, HOSADURGA TALUK, CHITRADURGA
DISTRICT EACH MEASURING 3 ACRES IS CONCERNED AT
ANNEXURE-F AND ETC.
W.P.NOs.38051-38053/2017
BETWEEN
1. RUDRAPPA S/O ESHWARAPPA
AGED ABOUT 57 YEARS
AGRICULTURIST
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R/O PALYADAHALLI
KASABA HOBLI
HOSADURGA TALUK
CHITRADURGA DISTRICT-577527
2. SMT ERAMMA
W/O SHIVALINGAPPA
AGED ABOUT 67 YEARS
AGRICULTURIST
RESIDENT OF ITTIGEHALLI,
NAGATIHALLI-CHALLAKERE POST,
HOSADURGA TALUK,
CHITRADURGA DISTRICT-577527
3. MURTHEPPA
S/O RANGAPPA,
AGED ABOUT 52 YEARS,
AGRICULTURIST
RESIDENT OF SREERANGAPURA
HOSADURGA TALUK,
CHITRADURGA DISTRICT – 577 527. ... PETITIONERS
(BY SRI G.RAVISHANKAR FOR
SRI A.V.GANGADHARAPPA, ADVOCATES)
AND
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
REVENUE DEPARTMENT
MULTI-STOREYED BUILDING
BENGALURU-560001
2. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT
CHITRADURGA-577501
3. THE ASSISTANT COMMISSIONER
CHITRADURGA SUB-DIVISION
CHITRADURGA-577501
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4. THE TAHSILDAR
HOSADURGA TALUK
CHITRADURGA DISTRICT-577527 ... RESPONDENTS
(BY SRI T.S.MAHANTESH, AGA)
W.P.Nos.38051-38053/2017 ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE IMPUGNED ORDER DATED
ND
9.11.2010 PASSED BY THE 2 RESPONDENT IN SO FAR AS
IT RELATES TO LAND OF PETITIONERS BEARING
SY.NOS.4/62, 4/64 & 4/66 OF SIDDAGONDANAHALLI,
MUTHODU HOBLI, HOSADURGA TALUK, CHITRADURGA
DISTRICT EACH MEASURING 3 ACRES IS CONCERNED AT
ANNEXURE-F AND ETC.
W.P.Nos.38054-38055/2017
BETWEEN:
1. SMT. ERAMMA
W/O SHIVALINGAPPA
AGED ABOUT 67 YEARS
AGRICULTURIST
RESIDENT OF ITTIGEHALLI,
NAGATIHALLI-CHALLAKERE POST,
HOSADURGA TALUK,
CHITRADURGA DISTRICT-577527
2. MURTHEPPA
S/O RANGAPPA,
AGED ABOUT 52 YEARS,
AGRICULTURIST
RESIDENT OF SREERANGAPURA
HOSADURGA TALUK,
CHITRADURGA DISTRICT – 577 527. ... PETITIONERS
(BY SRI G.RAVISHANKAR FOR
SRI A.V.GANGADHARAPPA, ADVOCATES)
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AND
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
REVENUE DEPARTMENT
MULTI-STOREYED BUILDING
BENGALURU-560001
2. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT
CHITRADURGA-577501
3. THE ASSISTANT COMMISSIONER
CHITRADURGA SUB-DIVISION
CHITRADURGA-577501
4. THE TAHSILDAR
HOSADURGA TALUK
CHITRADURGA DISTRICT-577527 ... RESPONDENTS
(BY SRI T.S.MAHANTESH, AGA)
W.P.Nos.38054-38055/2017 ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE IMPUGNED ORDER DATED
ND
9.11.2010 PASSED BY THE 2 RESPONDENT IN SO FAR AS
IT RELATES TO LAND OF PETITIONERS BEARING
SY.NOS.4/64 & 4/66 OF SIDDAGONDANAHALI, MUTHODU
HOBLI, HOSADURGA TALUK, CHITRADURGA DISTRICT EACH
MEASURING 3 ACRES IS CONCERNED AT ANNEXURE-F AND
ETC.
W.P.No.38059/2017
BETWEEN:
SHIVALINGAPPA
S/O KARIAYAPPA,
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AGED ABOUT 72 YEARS, AGRICULTURIST
RESIDENT OF ITIGEHALLI,
NAGATHIHALLI-CHALLAKERE POST,
HOSADURGA TALUK,
CHITRADURGA DISTRICT -577 527 …PETITIONER
(BY SRI A.V.GANGADHARAPPA AND
SRI G.RAVISHANKAR, ADVOCATES)
AND
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
REVENUE DEPARTMENT
MULTI-STOREYED BUILDING
BENGALURU-560001
2. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT
CHITRADURGA-577501
3. THE ASSISTANT COMMISSIONER
CHITRADURGA SUB-DIVISION
CHITRADURGA-577501
4. THE TAHSILDAR
HOSADURGA TALUK
CHITRADURGA DISTRICT-577527
... RESPONDENTS
(BY SRI T.S.MAHANTESH, AGA)
W.P.No.38059/2017 IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DATED 9.11.2010 PASSED
ND
BY THE 2 RESPONDENT IN SO FAR AS IT RELATES TO
LAND OF PETITIONER BEARING SY.NO.52/44 OF
SIDDAGONDANAHALI, MUTHODU HOBLI, HOSADURGA
TALUK, CHITRADURGA DISTRICT EACH MEASURING 3
ACRES AT ANNEXURE-F AND ETC.
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W.P.Nos.38060-38062/2017
BETWEEN:
1. SMT ERAMMA
W/O SHIVALINGAPPA
AGED ABOUT 67 YEARS
AGRICULTURIST
RESIDENT OF ITTIGEHALLI,
NAGATIHALLI-CHALLAKERE POST,
HOSADURGA TALUK,
CHITRADURGA DISTRICT-577527
2. SMT.NEELAMMA
W/O HANUMANTHAPPA
AGED ABOUT 69 YEARS, AGRICULTURIST
RESIDENT OF HOSAKUNDURU
HOSADURGA TALUK,
CHITRADURGA DISTRICT – 577 527.
3. D.MALLIKARJUNA S/O DEVENDARAPPA,
AGED ABOUT 65 YEARS, AGRICULTURIST,
RESIDENT OF ANIVALA,
HOSADURGA TALUK,
CHITRADURGA DISTRICT – 577 527. ... PETITIONERS
(BY SRI G.RAVISHANKAR FOR
SRI A.V.GANGADHARAPPA, ADVOCATES)
AND
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
REVENUE DEPARTMENT
MULTI-STOREYED BUILDING
BENGALURU-560001
2. THE DEPUTY COMMISSIONER
CHITRADURGA DISTRICT
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CHITRADURGA-577501
3. THE ASSISTANT COMMISSIONER
CHITRADURGA SUB-DIVISION
CHITRADURGA-577501
4. THE TAHSILDAR
HOSADURGA TALUK
CHITRADURGA DISTRICT-577527 ... RESPONDENTS
(BY SRI T.S.MAHANTESH, AGA)
W.P.Nos.38060-38062/2017 ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE IMPUGNED ORDER DATED
ND
9.11.2010 PASSED BY THE 2 RESPONDENT IN SO FAR AS
IT RELATES TO LAND OF PETITIONERS BEARING
SY.NOS.31/5, 31/6 & 31/8 OF SHIVANAKATTE VILLAGE,
KASABA HOBLI, HOSADURGA TALUK, CHITRADURGA
DISTRICT EACH MEASURING 1 ACRE 20 GUNTAS IS
CONCERNED AT ANNEXURE-F AND ETC.
W.P.Nos.9662-9664/2018
BETWEEN
1. RUDRAPPA
S/O ESHWARAPPA,
AGED ABOUT 58 YEARS,
AGRICULTURIST,
R/OF PALYADAHALLI, KASABA HOBLI,
HOSADURGA TALUK,
CHITRADURGA DISTRICT-577527
2. SMT. ERAMMA
W/O SHIVALINGAPPA,
AGED ABOUT 68 YEARS,
3. SHIVALINGAPPA
S/O KARIYAPPA,
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AGED ABOUT 73 YEARS,
PETITIONER NOS.2 AND 3 ARE
AGRICULTURISTS,
R/OF ITIGEHALLI,
NAGATHIHALLI-CHALLAKERE POST,
HOSADURGA TALUK,
CHITRADURGA DISTRICT-577527 ... PETITIONERS
(BY SRI A.V.GANGADHARAPPA AND
SRI G.RAVISHANKAR, ADVOCATES)
AND
1. GOVERNMENT OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT,
M.S.BUIDLING,
DR.AMBEDKAR ROAD,
BANGALORE-560001
2. THE TECHNICAL ASSISTANT
AND EX-OFFICIO DEPUTY DIRECTOR
OF LAND RECORDS,
OFFICE OF THE DEPUTY COMMISSIONER,
CHITRADURGA DISTRICT,
CHITRADURGA-577 501
3. THE TAHSILDAR
HOSADURGA TALUK,
CHITRADURGA DISTRICT-577527 ... RESPONDENTS
(BY SRI T.S.MAHANTESH, AGA)
W.P.Nos.9662-9664/2018 ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER ON 15.4.2010 PASSED BY
ND
THE 2 RESPONDENT IN CASE NO.KLR (AMENDMENT)1/10-
11 IN SO FAR AS IT RELATES TO PETITIONERS ARE
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CONCERNED TRUE COPY OF WHICH IS PRODUCED AS
ANNEXURE-G AND ETC.
THESE WRIT PETITIONS COMING ON FOR FURTHER
ARGUMENTS THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
These six batches of writ petitions are with reference to
grants said to have made by the Tahsildar of Hosadurga
Taluk, Chitradurga Division between 1974-75 and 1980-81
under four grant orders with reference to 3 lands bearing
Sy.Nos.4 and 52 of Siddagondanahalli village, Mathodu
Hobli and Sy.No.31 of Shivanakatte, Kasaba Hobli, both
villages situated at Hosadurga Taluk, Chitradurga District.
2. The petitioners herein are confined to grants said
to have made by the Tahsildar under 4 grant orders, namely
No.LND.SR.22/1974-75 dated 22.2.1975,
No.LND.SR.240/1974-75 dated 28.3.1975,
No.LND.SR.238/1979-80 dated 30.3.1980 and
No.LND.SR.238/1980-81 dated 30.3.1980. So far as the last
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two orders are concerned, date being the same, number with
reference to the year is slightly erroneous.
3. The records would indicate that in the year 2010
the Tahsildar of Hosadurga Taluk and Assistant
Commissioner of Chitradurga Sub-Division have come to
know that a large scale fraud is committed with reference to
grant of lands in 2 villages, namely Siddagondanahalli of
Mathodu Hobli and Shivanakatte, Kasba Hobli; that the
same is said to have committed by the then Tahsildar of
Hosadurga Taluk and some of the staff of said office, who are
identified as about 9 persons in all as referred to in the
statement of objections filed in these writ petitions. In fact,
involvement of said 9 persons is identified in the order of the
Under Secretary, Revenue Department (Services 3) in
proceedings bearing No.RD.41.ADE.2014, dated 22.6.2016,
at Annexure-R1. Wherein it would indicate that in all
around 70 persons are involved in creation of forged
documents for grant of 195.10 acres. However, in the order
of Deputy Commissioner, Chitradurga dated 9.11.2010 in
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proceedings bearing No.LND.CR.20/2011-11, at Annexure-F
in WP.No.38056/2017, there is reference to 26 persons
working in the office of the Revenue Department of Mathodu
village and Hosadurga Taluk, being involved in the aforesaid
fraud.
4. Coming to present writ petitions, the dispute is
confined to petitioners in these six batch of writ petitions
involving 4 grant orders, as stated supra. The records would
indicate that the lands granted in favour of the petitioners in
these writ petitions are mutated in their name vide
MR.No.10/1974-75 with reference to 3 items of grant i.e.,
three entries; MR.No.3/1981-82 one entry; MR.No.20/1981-
82 two entries; MR.No.23/1981-82 two entries;
MR.No.24/1981-82 one entry; MR.No.13/1982-83 five
entries and totally involving 14 transactions/entries
regarding Sy.Nos.4 and 52 of Siddagondanahalli and
Sy.No.31 of Shivanakatte villages.
5. The records would also indicate that with
reference to grant made to several persons in Sy.No.52 of
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Siddagondanahalli, further mutation entry is ordered on
21.1.2010 vide MR.No.24/2009-2010 by the Tahsildar of
Hosadurga Taluk, wherein new survey numbers are assigned
to different extents of lands in original Sy.No.52. It is these
new survey numbers assigned to old survey number, namely
Sy.Nos.99 to 103 of Siddagondanahalli village, is the subject
matter in these petitions.
6. The material on record would indicate that when
the fraud in grant of lands in aforesaid two villages has come
to the notice of the Tahsildar, Hosadurga Taluk and
Assistant Commissioner of Chitradurga Sub Division, they
have placed the same before the Deputy Commissioner of
Chitradurga along with a report prepared by them in that
behalf. Based on that, the Deputy Commissioner has
ordered for an enquiry in to the matter by the Assistant
Commissioner of Chitradurga Sub Division by issuing a
notice to the concerned persons. It is on the said order of
the Deputy Commissioner dated 9.11.2010 in proceedings
bearing No.LND.CR.20/2010-11 ordering enquiry in to the
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aforesaid fraud, the notices dated 30.11.2010 were issued by
the Assistant Commissioner in proceedings bearing
Nos.RA.105/2010-11, 110/2010-11, 103/2010-11,
114/2010-11 and 1/2010-11 dated 30.11.2010. Admittedly,
the said notices of even date are in calling upon the parties
to produce the documents available with them with reference
to grants said to have made in their favour, pursuant to
which mutation entry is effected, pursuant to which they
are all registered as persons, who are in possession,
enjoyment and cultivation of lands said to have granted in
their favour by the Tahsildar of Hosadurga Taluk.
7. When the said notices were issued by the
Assistant Commissioner, all these petitioners have
approached the Karnataka Appellate Tribunal by filing
appeals under Section 49(c) of the Karnataka Land Revenue
Act, 1964 except with reference to Revision which is filed by
the petitioners in WP.Nos.9662-9664/2018 which is under
Section 56 of the Karnataka Land Revenue Act, 1964. The
appeals which are filed in Appeal Nos.935/2010, 933/2010,
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934/2010, 936/2010 and 937/2010 before the Karnataka
Appellate Tribunal are dismissed as premature in holding
that the same cannot be subject matter of challenge before
it. Instead, it has observed that all the parties should
appear before the competent authority, namely Assistant
Commissioner who is authorized by the Deputy
Commissioner, Chitradurga for issuing the notices
impugned and to conduct enquiry with reference to grant
made in respect of each of the persons to whom notices are
issued. The orders passed in aforesaid appeals as well as
the order passed by the Deputy Commissioner in
proceedings bearing No.LND.CR.20/2010-11 dated
9.11.2010 and notices dated 30.11.2010 in the proceedings
before the Assistant Commissioner in RA.105/2010-11 and
other proceedings, referred to supra, are subject matter in
these batch of writ petitions except WP.Nos.9662-
9664/2018.
8. In WP.Nos.9662-9664/2018 the petitioners, who
are petitioners in other batch of writ petitions also, would
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contend that suo motu parallel proceeding in No.Bhu.U.Ni.
Correction 1/2010-11 is initiated before the Technical
Assistant Ex-Officio, Deputy Director of Land Records
attached to the office of the Deputy Commissioner,
Chitradurga at the instance of the Land Tribunal under
Section 49(a) of the Karnataka Land Revenue Act, 1964, with
reference to changing katha in Sy.No.52 and granting new
survey numbers to different portions bearing Nos.99 to 103,
wherein the phodi work with regard to new Sy.Nos.99 to 103
to old Sy.No.52 was stalled by interim order dated
15.4.2010; the said interim order as well as the notice
issued by the Tahsidlar of Hosadurga dated 5.6.2010 in
No.LND.CR.2/2010-11 were subject matter before the
Karnataka Appellate Tribunal (KAT for short) in Revision
Petition No.33/2010 under Section 56 of the Karnataka
Land Revenue Act, 1964, however, the KAT declined to
interfere with either interim order or notice impugned before
it and accordingly, dismissed the revision by order dated
13.10.2017. It is this order of KAT as well as the interim
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nd
order of 2 respondent dated 15.4.2010 are subject matter
of challenge in these batch of writ petitions.
9. In the instant case, what is to be seen is that a
large scale fraud is said to be committed between 1974-75
and 1980-1981 in granting 195 to 200 acres of land spread
over in two villages, referred to supra, in favour of several
persons by unscrupulous employees of Revenue Department
starting from Tahsidlar of Hosadurga Taluk going down to
Peon/Sub- Staff of the very same office in colluding together
and creating documents to show as if the Tahsildar has
granted land to several persons under 4 grant orders,
referred to supra. Among said 4 grant orders, when grant
orders in proceedings bearing No.LND.SR.238/1979-80 and
LND.SR.238/1980-81 are looked in to, both are dated
30.3.1980 thereby clearly disclosing that all these numbers
are fraudulent numbers, therefore the orders passed therein
are without valid authority of law. Hence, to ascertain the
correctness or otherwise of the same, the Assistant
Commissioner Chitradurga Sub Division had initiated
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proceedings in RA.No.105/2010-11 and other proceedings,
referred to supra, by issuing notices to each one of the
parties on the same day i.e., 30.11.2010. In fact, when said
proceedings are initiated in the year 2010, they have
successfully stalled it till this day, none of the petitioners
herein and other persons appeared before the Assistant
Commissioner and produced the documents in the
proceedings before said authority, as the said proceedings
being stayed in these batch of writ petitions.
10. The material available on record would also
indicate that the petitioners herein have approached the Co-
ordinate Bench of this Court on criminal side in filing
Crl.P.Nos.6169/2010 and 6170/2010 and some other
persons in some other criminal petitions and secured an
order on 11.1.2017, wherein on the basis of certain
statements made by the counsel appearing for the State all
the Criminal Petitions are allowed and criminal prosecution
launched by fling FIR against the petitioners and similarly
placed persons are quashed. However, the Co-ordinate
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Bench of this Court while disposing of the aforesaid criminal
petitions at paragraphs 4 and 5 has observed as under:
“4. The learned Government Pleader would fairly submit
that if the proceedings have been initiated without notice
to the petitioners, it certainly cannot be sustained and
would therefore submit that with liberty to the authorities
to initiate fresh proceedings in accordance with law, there
is no objection if the petition is allowed.
5. Accordingly, the petitions are allowed. The impugned
complaint lodged by the second respondent is a fall out of
the finding of the Deputy Commissioner and hence, the
pending FIR No.341/2010 registered by the first
respondent – police of the Hosadurga Police Station and
FIR No.139/2010 registered by the Sreerampura Police,
Hosadurga Taluk, Chitradurga District and the further
proceedings pursuant to the FIRs are hereby quashed.”
11. With the said observations, the aforesaid
criminal petitions were disposed of by the Co-ordinate Bench
thereby indicating that the statement made by the learned
Government Advocate is accepted insofar as fresh
proceedings to be initiated. However, the said order is
misinterpreted by the authorities, no fresh proceedings are
initiated and an attempt is made by all those who are
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concerned in allowing the matters to be at standstill both
with reference to inquiry into the manner in which the grant
was made as well as resumption of land, also with reference
to launching criminal prosecution afresh against the officers
and the beneficiaries who are involved in this large scale
fraud involving nearly 200 acres of agricultural land.
12. It is surprising that the Deputy Commissioner
has also not taken possession of lands in question having
prima facie come to the conclusion that there is large scale
fraud, is another aspect which remains as an enigma.
Further, the police also does not seem to be interested in
pursuing registering complaint and conducting investigation
afresh pursuant to the order passed by this Court in
criminal petitions, referred to supra, wherein liberty is
reserved to the police for conducting fresh investigation and
to file appropriate report after conducting proper
investigation. Therefore, in the present set of circumstances,
this Court is of the considered opinion that these batch of
writ petitions filed assailing the continuence of proceedings
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in Nos.RA.105/2010-11, 110/2010-11, 103/2010-11,
114/2010-11 and 1/2010-11 vide order of the Deputy
Commissioner in proceedings bearing No.LND.CR.20/2010-
11, dated 9.11.2010 are erroneous, wherein the impugned
proceedings should not have been stalled. In fact, similar
opinion is expressed by the Karnataka Appellate Tribunal in
several of the appeals filed before it which appears to be just
and proper. Therefore, question of interfering with any one
of the impugned proceedings i.e., order of Deputy
Commissioner, consequential issuance of notices by the
Assistant Commissioner as well as the order of the KAT, do
not arise.
13. Accordingly, these batch of writ petitions are
dismissed. While doing so, this Court would pass the
following order:
(a) The Deputy Commissioner having made enquiries
in the matter vide proceedings bearing
No.LND.CR.No.20/2010-11 is not prevented from ordering
resumption of land forthwith without allowing the petitioners
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to enjoy the fruits of fraudulent grant, which is made by the
Tahsildar when admittedly he is not the person authorized to
grant land under the Karnataka Land Revenue Act, 1964.
(b) The Assistant Commissioner of Chitradurga Sub
Division to pursue the notices which are already issued by
him in Nos.RA.105/2010-11, 110/2010-11, 103/2010-11,
114/2010-11 and 1/2010-11 of even date, namely
30.11.2010 to each one of the petitioners and other similarly
placed persons; thereafter, to conduct enquiry in to the
matter; find out the role of each one of the persons in
fraudulently creating the grant certificates and to take
appropriate action against them in accordance with law.
(c) Simultaneously the jurisdictional police to conduct
investigation afresh in to the complaints which are already
filed before them and take necessary steps.
(d) It is needless to state that all these exercises by the
police shall be on time bound basis with an upper limit of six
months and the Assistant Commissioner to complete the
proceedings which are already started by issuing notices
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within six months after the police concludes investigation
and files its report before the jurisdictional Magistrate.
With such observations, these writ petitions are
dismissed.
Sd/-
JUDGE
nd/-