Case Note & Summary
The petitioner, M/s Twenty Fourteen Hotels India Pvt. Ltd., challenged a notice dated 3rd December 2019 issued by the Tahsildar, Yelahanka Taluk, Bengaluru. The notice called upon the petitioner to produce documents in respect of property bearing Survey No.103/B10 of Shettigere village, Jala Hobli, Yelahanka Taluk and to stop construction immediately. The petitioner contended that the land was initially converted for non-agricultural residential purpose and subsequently for commercial purpose vide order dated 27th September 2007. The petitioner is a construction company and construction was in progress. The petitioner argued that the notice was not traceable to any statutory provision and was therefore unsustainable. The Court noted that on the last date of hearing, the Tahsildar was directed to be present. The Tahsildar submitted that he had issued the notice to verify records in respect of a different property and not the one owned by the petitioner. The Court observed that the notice does not refer to any statutory provision and is therefore unsustainable. The Court quashed the notice and directed the Tahsildar to verify the records and proceed in accordance with law.
Headnote
A) Administrative Law - Notice Without Statutory Authority - Quashing of Notice - The Tahsildar issued a notice to the petitioner to stop construction and produce documents without citing any statutory provision - The Court held that the notice is not traceable to any statutory provision and is therefore unsustainable in law - The notice was quashed (Paras 1-4).
Issue of Consideration
Whether a notice issued by the Tahsildar without any statutory provision is sustainable in law
Final Decision
The writ petition is allowed. The impugned notice dated 3rd December 2019 (Annexure-S) is quashed. The Tahsildar is at liberty to verify the records and proceed in accordance with law.
Law Points
- Notice without statutory authority is unsustainable
- Tahsildar cannot issue notice for a different property
- Writ of Certiorari lies against illegal administrative action
