IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.5531 OF 2017 (GM-RES) BETWEEN:
B R SURESH W/O RAJAPPA, AGED ABOUT 55 YEARS, BHASARALLU VILLAGE, BASRALLU HOBLI, MANDYA TALUK AND DISTRICT-571807.
(By MR. PRASANNA KUMAR P DAROJI, ADV.) AND:
1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, BANGALORE-560 001.
2. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, MANDYA DISTRICT, KARNATAKA-571807.
(By MR. Y D HARSHA, AGA FOR R-1 & 2) - - -
…PETITIONER … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOT TO DEMOLISH/REMOVE DWELLING HOUSE AND SHOPS IN THE DISPUTED LAND WITHOUT INSISTING PROPER PROCEEDING AS PER LAW, AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri.Prasanna Kumar P.Daroji, learned counsel for the petitioner.
Sri.Y.D.Harsha, learned Additional Government Advocate for the respondent Nos.1 and 2.
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 seeks for a direction to the respondent not to demolish / remove dwelling house and shops in the disputed land without initiating proper proceeding as per law.
4. After hearing the learned counsel for the parties and in view of the facts of the case, I deem it appropriate to dispose of the petition with liberty to the petitioner to submit a representation with regard to his grievance to the competent authority. Needless to state that if such a representation is made, the competent authority shall decide the same within four months from the date of receipt of such representation by a speaking order in accordance with law. Interim order, if any, shall continue. It is made clear that this Court has not expressed any opinion on the merits.
Accordingly, the petition is disposed of.
Sd/- JUDGE RV