1/3 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE Dr.JUSTICE VINEET KOTHARI W.P.No.29272/2017 (LB-RES) BETWEEN H.S. SHANTHA W/O H.S. SUBBAKRISHNA AGED ABOUT 76 YEARS RESIDENT OF No.18, 7TH CROSS UDAYAGIRI, MYSURU-570019.
...PETITIONER (BY SRI. ROHITH, FOR SRI. MANJUNATH A, ADVOCATE) AND 1. THE COMMISSIONER MYSURU CITY CORPORATION MYSURU-570019.
2. THE ZONAL COMMISSIONER DIVISIONAL OFFICE – 09 GAYATRIPURAM MYSURU CITY CORPORATION MYSURU-570019.
...RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER AND TAKE SUITABLE ACTION AS PER THE REPRESENTATION DTD:18.5.2016 VIDE ANNEX-D.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Mr. Rohit, Adv. for Mr. Manjunath A, Adv. for Petitioner.
This petition has been filed with the following prayers:
“i) Issue a Writ of Mandamus directing the respondents to consider and take suitable action as per the representation dated 18.05.2016 produced at Annexure-D;
ii) Award Costs;
iii) Issue any other Writ/s, pass any such other order/s or direction/s that this Hon’ble Court deems fit, in the interest of justice and equity.”
2. Looking to the nature of the dispute raised in the writ petition about the alleged illegal construction raised by the third party, who is not even impleaded in the present writ petition, this Court is of the considered opinion that the dispute can be determined and resolved only by filing a Civil Suit and the same cannot be examined by this Court under Article 226 of the Constitution of India, as certain facts are required to be established with evidence about extent of illegal encroachment or construction.
The writ petition is disposed of with the aforesaid liberty to the petitioner. No costs.
Copy of this order may be supplied to the other side.
Sd/- JUDGE TL Sl.No.21