Observing that time has come to put an end to high-handed exercise of power by revenue officials, the Karnataka High Court not only directed the State government to initiate departmental inquiry against a tahsildar but also imposed costs of ₹50,000 on the official for abuse of power.
N. Raghu Murthy, tahsildar of Yelahanka taluk, Bengaluru, will have to pay ₹50,000 to M/s Twenty Fourteen Hotels India Ltd., which had approached the court complaining that the official had on December 3, 2019 issued notice, without following law, directing it to stop construction related to a project at Shettigere village, Jala hobli in Yelahanka.
It was alleged in the petition that the tahsildar first asked the petitioner to produce documents related to the land and later, without even giving such opportunity, directed stoppage of constructions without assigning any reason.
The tahsildar justified his action pointing out that he had issued notice not only to the petitioner but also to 46 persons in relation to lands bearing various survey numbers in the same village.
However, the court prima facie found that provisions of the Karnataka Land Revenue Act invoked by the tahsildar to issue the notice was misconceived. As the tahsildar had not given any reason for issuing notice, the court said such an action to stop constructions without any reason is a ‘draconian act’.
Pointing out that the court has come across dereliction of duty and delay in a series of cases on the part of revenue officers, the judge observed that “this is a classic case of absolute abuse of process by an official in the rank of tahsildar in passing the order to stop constructions against the petitioner without granting any opportunity. To say the least, it is reprehensible...”
The court directed the Chief Secretary and the Secretary of the Revenue Department to initiate disciplinary action against the tahsildar as to why he had issued 46 such notices.
