Case Note & Summary
The petitioner, G.S. Siddaraju, filed a writ petition challenging an order dated 05.07.2016 passed by the Tahsildar, Davangere, under Section 95 of the Karnataka Land Revenue Act, 1964. By that order, the Tahsildar directed demolition of a building constructed by the petitioner on lands bearing R.S.No.58 (3 acres 12 guntas) and R.S.No.59/P2-P1 (2 acres 6 guntas) situated in Avaragere Village, Kasaba Hobli, Davangere Taluk. The Tahsildar also directed that the expenses for removal be recovered from the petitioner and that both parties maintain status quo until the dispute regarding title and interest was decided by the Civil Court. The petitioner contended that the Tahsildar lacked jurisdiction to pass such an order as there was a bona fide dispute regarding title and possession of the land. The High Court, after hearing the parties, held that the Tahsildar's order was without jurisdiction. The court observed that when there is a bona fide dispute regarding title and possession, the remedy lies before the Civil Court and not by summary proceedings under Section 95 of the Act. Accordingly, the writ petition was allowed, and the impugned order was quashed. The court directed the parties to approach the Civil Court for adjudication of their rights.
Headnote
A) Land Revenue - Summary Eviction - Section 95 Karnataka Land Revenue Act, 1964 - Jurisdiction - Tahsildar ordered demolition of building constructed by petitioner on disputed land - Petitioner claimed title and possession, while respondents alleged unauthorized occupation - Held that where there is a bona fide dispute regarding title and possession, the remedy lies before the Civil Court and not by summary proceedings under Section 95 (Para 2).
Issue of Consideration
Whether the Tahsildar has jurisdiction to pass an order of demolition under Section 95 of the Karnataka Land Revenue Act, 1964, when there exists a bona fide dispute regarding title and possession of the land.
Final Decision
Writ petition allowed. Impugned order dated 05.07.2016 passed by the Tahsildar, Davangere, is quashed. Parties are directed to approach the Civil Court for adjudication of their rights.
Law Points
- Section 95 of Karnataka Land Revenue Act
- 1964
- summary eviction
- jurisdiction of revenue authorities
- bona fide dispute of title
- remedy before Civil Court
