IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.46326 OF 2016 (GM-RES ) BETWEEN:
SHRI. B. C. CHANDRASHEKAR S/O. LATE CHANNAPPA, AGED ABOUT 59 YEARS, R/O. SY. NO. 1/2, BASARALU VILLAGE, BASARALU POST, MANDYA DISTRICT, KARNATAKA-571 807. … PETITIONER (By Mr. NANDISH PATIL, ADV.,) AND:
1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, K.R. CIRCLE, BANGALORE-560 001.
2. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, MANDYA DISTRICT, KARNATAKA-571 807. … RESPONDENTS (By Mr. Y D HARSHA AGA FOR R1 & R2) - - -
This Writ Petition is filed under Articles226 and 227 of the Constitution of India, praying to direct respondent not to demolish/remove the plantation existing in the disputed land without initiating proper proceedings as per law and etc.
This Petition coming on for Preliminary Hearing in ‘B’ group this day, the Court made the following:-
ORDER Sri.Nandish Patil, learned counsel for the petitioner.
Sri.Y.D.Harsha, learned Additional Government Advocate for the respondents.
2. The petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
3. In this petition, the petitioner inter alia has prayed for the following reliefs:
a) Issue Writ in the nature of Mandamus directing the Respondents not to demolish/Remove the plantation existing in the disputed land without initiating proper proceedings as per law in the interest of justice and equity.
b) Issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the petition be disposed of with a direction to the respondents not to demolish the construction raised by the petitioner without taking recourse to law.
5. In view of the aforesaid submissions, learned Additional Government Advocate submits that action, if any, for demolition of the construction raised by the petitioner shall be taken in accordance with law.
6. In view of the aforesaid submissions and in the facts of the case, the petition is disposed of with a direction to the respondents to take action for demolition, if any, of the construction raised by the petitioner in accordance with law.
Sd/- JUDGE RV