IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.18313/2018 (LB-RES) Between:
1. Rajaram, Aged about 49 years, S/o H.N. Jayaram, Resident of Vijalakshmi Medicals, 1st Cross, M.G. Road, Tumkur – 572 102.
2. H.N. Jayaram, Aged 80 years, S/o H.Narasimhaiah, Resident of Vijalakshmi Medicals, 1st Cross, M.G. Road, Tumkur – 572 102. … Petitioners (By Smt. S.R.K. Susheelamma, Advocate for Sri Manohar N., Advocate) And:
1. The Commissioner, Tumkur City Corporation, Tumkur – 572 102.
2. The Executive Engineer, Tumkur City Corporation, Tumkur – 572 102.
3. The Revenue Officer, Tumkur City Corporation, Tumkur – 572 102. … Respondents (By Smt. K.M. Nanditha, Advocate for Sri Subramanya R., Advocate) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to direct the respondent commissioner of Tumkur City Corporation to consider the request of the petitioner vide Annexure-B dated 27.09.2017 and pass order of removal of illegal structure by unblocking the passage left by the petitioner for using the public and etc.
This Writ Petition coming on for preliminary hearing in ‘B’ Group this day, the Court made the following:
ORDER The petitioners stated to be the purchasers of property bearing No.1841/822 situated at 2nd Cross, M.G.Road, Tumkur, have filed the present petition seeking for an issuance of writ of mandamus directing the first respondent Commissioner of Tumkur City Corporation to consider the representation at Annexure-B dated 27.09.2017 to take steps for removal of illegal structure encroaching the passage.
2. The petitioners state that on either side of the property of petitioners, there is a passage which has been left for the purpose of access to the property. The petitioners state that there has been encroachment of the said passage by a neighbour Sri Yatish, who has also put up a Tea stall encroaching on the said passage. The petitioner No.2 has made a representation at Annexure-B dated 27.09.2017 to the respondent Authority pointing out encroachment of the passage by putting up an illegal shed by the neighbour Sri Yatish. The petitioners state that a police complaint has also been lodged and copy of the same is produced at Annexure-C to the petition.
3. Learned counsel for the petitioners has filed an extract of the proceedings alongwith a memo and draws attention to the proceedings initiated, wherein there is a reference that the structure put up by said Sri Yatish as being without any sanctioned plan and that the proceedings have been recommended to be initiated under Section 321 of the Karnataka Municipal Corporations Act, 1976.
4. Memo is taken on record. In view of the same, it would be appropriate to direct the respondent Corporation to look into the matter and dispose of the representation at Annexure-B dated 27.09.2017 within a period of four weeks and to examine as to whether any further action as regards the alleged illegal construction could be proceeded with in accordance with law.
Subject to the above observations, this petition is disposed of.
Sd/- JUDGE VGR