IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION No.20587 OF 2019 [KLR-RES] BETWEEN:
G.K. SHANTHARAJU S/O. SRI. KAPANAIAH [LATE], AGED ABOUT 61 YEARS RESIDENT OF GOTTIKERE VILLAGE YEDIYUR HOBLI, KUNIGAL TALUK PIN: 572 142 TUMKUR DISTRICT ... PETITIONER (BY SRI. RAJARAM T., ADV ) AND:
1 THE PRINCIPAL SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU – 560 001 2 THE DEPUTY COMMISSIONER *3. THE TAHSILDAR TUMKUR DISTRICT KUNEGAL TALUK, TUMKUR. PIN: 572 101 PIN-572130 TUMKUR DISTRICT.
*4 MR. NARASIMAIAH S/O. SRI. THIMMAPPA RESIDING AT GOTTIKERE VILLAGE YEDIYUR HOBLI PIN: 572 142 TUMKUR DISTRICT ... RESPONDENTS (BY SRI. VENKATESH DODDERI, AGA FOR R1 TO R3 *SRI P.M.SIDDAMALLAPPA, ADVOCATE FOR R4) * INSERTED & CORRECTED VIDE COURT ORDER DATED 04.11.2019 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A DIRECTION/MANDAMUS TO 3RD RESPONDENT TO REMOVE THE ENCROACHED AREA OF ROAD AND SAME IS RESTORED AS ROAD FOR THE PETITIONER TO REACH HIS SURVEY NO.14 WHICH LANDED PROPERTY OF PETITIONER.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Sri. Vishwanath, Tahsildar of Kunigal Taluk, is present before the Court. He has filed mahazar with sketch indicating that the road which is claimed in the photographs was neither Nakashe road nor the road is in existence in any of the documents including the village map. He would state that the owner of the road, for some time, allowed people to walk through the said property and which he has now stopped and used such extent of land for cultivation.
2. Insofar as encroachments are concerned which is referred to in the sketch in purple and blue colour, are removed by the Tahsildar, as stated by him before this Court.
3. Statement of Sri. Vishwanath, Tahsildar of Kunigal Taluk, is placed on record.
4. In that view of the matter, this Court finds no justifiable grounds to direct clearance of the said portion to be used as road by the villagers.
With such observations, writ petition is disposed of.
Sd/- JUDGE AN/-