IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE G.NARENDAR WRIT PETITION NO.27259 OF 2018 (LB-RES) BETWEEN:
HANUMANTHAPPA, S/O LATE KENCHAPPA, AGED ABOUT 52 YEARS, AGRICULTURIST, TADIPET, TARIKERE TOWN, TARIKERE TALUK, CHIKKAMAGALORE DISTRICT, PIN CODE – 577228. ... PETITIONER (BY SRI NAVEEN KUMAR M, ADVOCATE FOR SRI B K MANJUNATH, ADVOCATE) AND:
1. THE DEPUTY COMMISSIONER, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU, PIN CODE – 577101.
2. THE TAHSILDAR, TARIKERE TALUK, TARIKERE, PIN CODE – 577228.
3. TOWN MUNICIPAL COUNCIL, NH 206 ROAD, TARIKERE TOWN, CHIKKAMANGALORE DISTRICT, REPRESENTED BY ITS CHIEF OFFICER, PIN CODE – 577101.
4. SRI T.KRISHNAMURTHY, S/O LATE SRI THIMMAIAH, AGED ABOUT 45 YEARS.
5. SRI T.PRADEEP, S/O LATE SRI THIMMAIAH, AGED ABOUT 38 YEARS.
6. SMT.KAMALAMMA, D/O LATE SRI RANGAPPA, AGED ABOUT 61 YEARS.
7. SRI VENKATARAMAPPA, S/O LATE SRI KARIYAPPA, AGED ABOUT 56 YEARS.
8. SRI DASAPPA, S/O SRI ANKALAPPA, AGED ABOUT 41 YEARS.
9. SMT.GANGAMMA, D/O LATE SRI NARASAPPA, AGED ABOUT 39 YEARS.
10. SRI JAYAKUMAR, S/O SRI GALLAPPA, AGED ABOUT 35 YEARS.
11. SRI GULAPPA, S/O LATE SRI DURGAPPA, AGED ABOUT 71 YEARS.
12. SMT.SHARADAMMA, W/O SRI HANUMANTHAPPA, AGED ABOUT 56 YEARS.
13. SRI RANGAPPA, S/O LATE SRI HANUMAIAH, AGED ABOUT 81 YEARS.
14. SMT.NINGAMMA, W/O SRI SIDDARAMANNA, AGED ABOUT 56 YEARS.
15. SRI MANJUNATH, S/O SRI B.S.PUTTAIAH, AGED ABOUT 35 YEARS.
ALL ARE R/AT A.K. COLONY, JUDIPET, TARIKERE TALUK, CHIKKAMGALURU DISTRICT. ... RESPONDENTS (BY SRI M.A.SUBRAMANI, ADVOCATE FOR R1 AND R2, SRI H.K.RAVI, ADVOCATE FOR R3, SRI R.B.SADASIVAPPA, ADVOCATE FOR PROP R4 TO R15 ON IA 1/18) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE ISSUED BY THE R-3 DTD:06.06.2018 VIDE ANNEXURE-J.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner and learned counsel for the proposed applicants.
02. It is seen that the petitioner is before this Court being aggrieved by the proceedings of the Town Municipality, Tarikere, Chikkamagaluru District, dated 06.06.2018 produced as Annexure-J to the writ petition. The sole ground on which the writ petition is canvassed is that the respondent – Municipality has failed to afford any opportunity to the petitioner or put him on notice prior to carrying out the survey proceedings for identifying the alleged encroachment.
03. If that be the case, then this Court is of the opinion that ends of justice would be better served if the writ petition is disposed off by directing respondent No.3 to notify the petitioner and conduct the proceedings in accordance with the Act and determine the issue.
04. In this regard, petitioner and the proposed respondents shall remain present at the disputed site on 05.08.2019 at 10.30 a.m. The respondent No.3 shall carry out the survey and measurements in the presence of the petitioner and proposed respondents and thereafter furnish copy of the mahazar/survey sketch with measurements, etc., or whatever proceedings that may be drawn at the time of inspection, to the petitioner and shall thereafter proceed to pass orders in accordance with the Act.
05. Writ petition stands disposed off in the above terms.
06. In view of the above order, consideration of the application does not survive and the same is accordingly disposed off.
07. It is made clear that the petitioner and proposed respondents/applicants shall be present at the spot without waiting for any written notice from respondent No.3.
08. Copies of this order be forwarded to respondent No.3 for compliance and filing of status report before this Court within three weeks thereafter.
No order as to costs.
Sd/- JUDGE SJ