IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.29571/2019 (KLR-RES) BETWEEN G.V.K.GOWDA, S/O LATE C.GOVINDA GOWDA, AGED ABOUT 59 YEARS, R/A CHANGAVARA VILLAGE, GOWDAGERE HOBLI, SIRA TALUK, TUMAKURU DISTRICT, PIN CODE 572 135. … PETITIONER (BY SRI P.B.RAJU, ADVOCATE) AND 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, DR.AMBEDKAR VEEDHI, VIDHANA SOUDHA, BENGALURU 560 001.
2 THE THASILDAR, SIRA TALUK, OFFICE AT MINI VIDHANA SOUDHA, SIRA TOWN, TUMAKURU DISTRICT, PIN CODE 572 135.
3. THE CHANGAVARA GRAM PANCHAYATH, REPRESENTED BY ITS SECRETARY, GOWDAGERE HOBLI, SIRA TALUK, TUMAKURU DISTRICT, PIN CODE 572 135. … RESPONDENTS (BY SRI.VENKATESH DODDERI, AGA FOR R1 AND R2, SRI.A.NAGARAJAPPA, ADV., FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE RESPONDENTS HAVE NO RIGHT TO CONSTRUCT ANY OFFICE ON THE PETITION SCHEDULE PROPERTY WHICH IS THE PRIVATE PROPERTY OF THE PETITIONER AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner herein has come up in this writ petition seeking declaration that the respondents have no right to construct any building on the petition schedule property, which is said to be belonging to petitioner; also for direction to respondents not to put up any construction on the schedule property belonging to petitioner; and for other reliefs;
2. When this matter was taken up on 26.7.2019, the learned counsel appearing for contesting 3rd respondent – Gram Panchayath stated that in the fact situation it would be appropriate to conduct spot inspection of the property in question in the presence of the petitioner as well as the Officers of 3rd respondent. Hence, at their request spot inspection of petition schedule property and also the place where 3rd respondent intended to put up a building for its office was ordered to be conducted on 27.7.2019 at 11.00 a.m.
3. This day, learned counsel for both the parties would state that spot inspection was conducted on 27.7.2019 in the presence of the petitioner and Officers of 3rd respondent - Gram Panchayath with reference to the location of petition schedule property belonging to the petitioner and also the place where the 3rd respondent – Grama Panchayath intend to construct its office. Both the parties would agree that the construction which is taken up by 3rd respondent – Grama Panchayath is not on the property belonging to the petitioner. In fact, it is on eastern side and southern side to the property of petitioner. The construction work taken up by Grama Panchayath is 35 feet away from the eastern side boundary of the property of the petitioner and so far as on the southern side is concerned, it is 25 feet away from the boundary of the property of the petitioner. The learned counsel for 3rd respondent clearly admits that the schedule property belongs to the petitioner, the same is separate and distinct and that the 3rd respondent – Grama Panchayath has no manner of right, title or interest in the said property. They also accept the document at Annexure-A in identifying the property of the petitioner.
4. The report filed by the 3rd respondent is taken on record. With this, the writ petition is disposed of holding that the construction which is taken up by 3rd respondent - Gram Panchayath is away from the place where the property of the petitioner is situated and it is not on the schedule property belonging to the petitioner.
5. At this juncture, the learned counsel for the petitioner would submit that so far as southern side of petitioner’s property is concerned, the boundary is stated to be Grama Thana instead of land bearing Sy.No.3 belonging to 3rd respondent - Grama panchayath. Therefore, on the basis of the report of spot inspection conducted on 27.7.2019, the petitioner may be permitted to seek issuance of re-katha, for which the learned counsel for 3rd respondent has no objection. Hence, it is ordered accordingly.
Sd/-
JUDGE nd/-