IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30th DAY OF JANUARY, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE, CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE BUDIHAL R.B. WRIT PETITION NO. 20066 OF 2015 (LB-UC-PIL) BETWEEN D S BASAVAIAH SON OF SANNEERAPPA, AGED AOUT 58 YEARS, RESIDING AT DODDHATTI VILALGE, SAMPIGE POST, TURUVEKERE TLAUK, TUMKUR DISTRICT-572221.
(BY SRI BYRE GOWDA N, ADVOCATE) AND 1. STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF REVENUE VIDHANASOUDHA, AMBEDKAR VEEDHI, BENGALURU-01 2. THE DEPUTY COMMISSIONER TUMKURUDISTRICT TUMKUR-572101 ... PETITIONER 3. THE CHIEF EXECUTIVE OFFICER TALUK PANCHAYATH TURUVEKERE TALUK TURUVEKERE TUMKUR DISTRICT-57221 4. PANCHAYATH DEVELOPMENT OFFICER SAMPIGE HOSAHALLY GRAM PANCHAYATH DANDINASHIVARA HOBLI TURUVEKERE TALUK TUMKUR DISTRICT-572221 5.SRI.PALAKSHAPPA S/O MARIYANNA, AGED 57 YEARS R/AT DODDAHATTI VILLAGE, DANDINASHIVARA HOBLI, TURUVEKERE TALUK TUMKUR DISTRICT-572221 ... RESPONDENTS (BY SMT. S.SUSHEELA, AGA, FOR R-1 & R-2; SRI NAVEEN J.N. FOR M/s A NAGARAJAPPA & ASSOCIATES, ADVOCATE FOR R-3 & R-4;
SRI B.PREM KUMAR, ADVOCATE FOR R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-1 TO 4 TO ENSURE THAT THE ENCROACHMENTS MADE IN PROPERTY JUNJARU NO.155/1 WHICH IS CLASSIFIED AS "GOVERNMENT WASTE LAND" OF DADDAHATTI VILLAGE, SITUATED IN DANDINASHIVARA HOBLI, TURUVEKERE TALUK, TUMKUR DISTRIUCT IN REMOVED AND THE LAND RESTORED TO ITS ORIGINAL NATURE.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE CHIEF JUSTICE MADE THE FOLLOWING:
ORDER In spite of service of notice, none appears for the respondent no.5.
2. The writ petition is based on the allegation that the Government property has been encroached by the respondent no.5.
3. On January 27, 2016, learned Principal Government Advocate, submitted before the court that there has been encroachment of the property, but the Tahsildar could not take any action as the Doddahatti Gram Panchayath has been the owner of the property.
4. On that day, Mr.Nagarajappa, learned advocate appearing for the respondent nos.3 and 4, submitted before the court that action would be taken against the encroachers.
5. Today, we are informed by Mr.J.N.Naveen, learned advocate appearing on behalf of Mr.Nagarajappa for the Panchayath, that eviction notice was issued against the respondent no.5, and the notice was challenged by him by filing W.P. Nos.59305 of 2016 and 63760 of 2016.
6. The Hon’ble Single Judge disposed of the writ petitions, authorizing the Gram Panchayath to pass appropriate orders after holding an inquiry.
7. We are informed that, already, a civil suit is pending at the instance of the respondent no.5.
8. If it is found by the Panchayath, upon holding the inquiry, that the respondent no.5 is an encroacher, the Panchayath shall take steps for recovery of possession of the property in question.
9. It shall, however, be open to the respondent no.5 to protect his possession in accordance with law. We express no opinion as the suit is still pending.
10. With the above observations, the writ petition is disposed of.
11. There will be no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE vgh*