IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NOs.6247-6248/2019 (KLR-RES) BETWEEN 1. B N MURALIDHAR S/O LATE NARAYANA MURTHY, AGED ABOUT 47 YEARS RESIDING AT BYRASANDRA VILLAGE, NARASAPURA HOBLI, KOLAR TALUK AND DISTRICT-563133 2. B.N.SRINIVAS S/O LATE NARAYANA MURTHY, AGED ABOUT 49 YEARS RESIDING AT BYRASANDRA VILLAGE, NARASAPURA HOBLI, KOLAR TALUK AND DISTRICT-563133 ... PETITIONERS (BY SRI M.S. DWARAKANATH, ADVOCATE FOR SRI VIKRAM G, ADVOCATE) AND 1. THASILDHAR TALUK OFFICE, KOLAR TALUK AND DISTRICT-563101 2. ASSISTANT DIRECTOR OF LAND RECORDS DEPARTMENT OF LAND RECORDS AND SURVEY, KOLAR TALUK KOLAR DISTRICT-563101 3. THE ASSISTANT COMMISSIONER OFFICE OF THE ASSISTANT COMMISSIONER, KOLAR TALUK AND DISTRICT-563101 4. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER, KOLAR DISTRICT-563101 5. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, BANGALORE-560001 ... RESPONDENTS (BY SRI VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO CONSIDER THE REPRESENTATION DTD:21.01.2019 AT ANNEXURE-C GIVEN TO THE FIRST RESPONDENT AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Additional Government Advocate takes notice for respondent Nos.1 to 5.
2. Petitioners have sought for issue of writ of mandamus to the first respondent to consider the representation made by the second petition on 21.01.2019 vide Annexure ‘C’ to the petitions and direction to the respondents not to interfere with their possession and enjoyment of the land measuring to an extent of 09 guntas in Sy. No.19/2 and land measuring to an extent of 34 guntas in Sy. No.19/5, both situate at Byrasandra village, Narasapura hobli, Kolar, unless following the due process of law.
3. It is stated that petitioner Nos.1 and 2 are brothers. They contend that they are the joint owners of the land measuring to an extent of 34 guntas in Sy. No.19/5 situate in Byrasandra village and petitioner No.2 is said to be the absolute owner of the land measuring 09 guntas in Sy. No.19/2 situate in the very same village. It is stated that the said lands are situate adjacent to each other. According to petitioners, the southern boundary of the petition schedule property belonging to him/them is a public road proceeding from Byrasandra to Bellur. Petitioners are said to have learnt that some persons had given a complaint to the Police alleging that there was encroachment into the aforesaid road. It is in this background that petitioner No.2 has submitted a representation to the first respondent, Tahasildar, on 21.01.2019 (Annexure ‘C’ to the petitions) in explaining that himself and his brother, petitioner No.2, have not encroached into any portion of public road or any other land adjacent to their property and has requested respondent No.1 to conduct enquiry and survey of the petition property with intimation to them and thereafter, to take necessary steps in accordance with law.
4. Heard the learned counsel for petitioners, learned Additional Government Advocate appearing for respondents 1 to 5. Perused the material on record.
5. When these writ petitions have come up for consideration today, learned Additional Government Advocate for respondents would fairly submit that the representation made by the second petitioner vide Annexure ‘C’ to the petitions would be looked into and appropriate order would be passed thereon. He further submitted that if there is any encroachment into the said public road, it would be removed by following due process of law.
6. Placing the aforesaid submission of learned Additional Government Advocate for respondents on record, these Writ Petitions are disposed of.
7. Learned Additional Government Advocate is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE sma