Two orders, one day, same case: Deputy Commissioner in a spot

The Karnataka HC directed its judicial officers to register an FIR against Kodagu Deputy Commissioner Richard Vincent D’Souza and also ordered the Chief Secretary to initiate disciplinary inquiry.

BENGALURU: The Karnataka High Court on Thursday directed its judicial officers to register an FIR against Kodagu Deputy Commissioner Richard Vincent D’Souza and also ordered the Chief Secretary to initiate disciplinary inquiry against the officer. Reason: the IAS officer had passed two different orders on the same day with regard to a land dispute between two brothers in Virajpet in Kodagu district.

Richard D’Souza
Richard D’Souza

Justice Vineet Kothari passed this interim order after hearing a petition filed by B R Mohammed Shoaib of Virajpet. The judge ordered the Registrar (Vigilance), High Court, to ensure the registration of FIR through judicial officers in Kodagu.

The petitioner had moved HC as the DC had passed two different orders on May 29, 2017 on an appeal filed in a dispute over entries made in the land records.

According to the petition, one of the orders passed by D’Souza on appeal filed under the Land Revenue Act was sent through post. All pages of this order had his full signature. He also ordered to maintain ‘status quo’ with regard to recording entries in land records while asking the parties to approach the civil court as the matter is civil in nature.

However, in the second order passed on the same day, the deputy commissioner had signed only at the end of his order while putting initials on remaining pages. This order was obtained after one of the parties filed an application. In this order, there is no mention of maintaining ‘status quo’.

Staying the operation of both orders, the judge ordered notice to the deputy commissioner, before adjourning the matter to December 14. When Express contacted him, D’Souza said it was not appropriate to react as he had not seen the court order but added that he had done his duty honestly.

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