The Karnataka High Court has ruled that revenue authorities have no jurisdiction to entertain complaints or pass orders under the Karnataka Land Revenue Act concerning land that falls under the jurisdiction of the erstwhile Bruhat Bengaluru Mahanagara Palike (BBMP), now known as the Greater Bengaluru Authority (GBA). This applies even if such land remains categorized as agricultural in official records.
Background of the Case
The case involved appellants C Parimala and others, including landowners and subsequent purchasers of sites. They challenged a notice issued by the Tahsildar of Yelahanka in 2014 under the Karnataka Land Revenue Act. The notice called upon them to vacate their land, alleging it was being used illegally for non-agricultural purposes.
Earlier Single Bench Decision
On September 26, 2024, a single bench of the High Court ruled against the appellants. It directed the Tahsildar to implement the notices issued in 2014. However, the court reserved the liberty for Parimala and co-petitioners to establish their rights through appropriate proceedings.
Key Arguments Before the Division Bench
During the hearing before the Division Bench, BBMP submitted that the Kenchenahalli village in question came within its jurisdiction by a government notification dated January 16, 2007. The court was also informed that construction on the disputed land took place during 2017-18.
Division Bench Findings
The Division Bench, comprising Justices DK Singh and TM Nadaf, noted that the land was within BBMP's jurisdiction and hence outside the purview of the Karnataka Land Revenue Act. The bench observed:
"We are of the view that the revenue authorities have lost their jurisdiction to take any action either implementing earlier order from 2014-2022 or by means of issuing notice and passing orders under the provisions of the Karnataka Land Revenue Act."
Final Order
The writ appeals were disposed of, modifying the order passed by the single bench. The court observed that BBMP or GBA may take action as provided under the relevant provisions of law. The decision underscores the limitation of revenue authorities in areas under municipal corporation jurisdiction.
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