IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD W.P.No. 28589 OF 2019(LB-RES) BETWEEN:
Jayamma S/o Late.Lakshminarayanappa, Aged about 70 years, Residing at Avathi Village, Kasaba Hobli, Devanahalli, Bangalore-562 110. … Petitioner (By Sri.Zameer Pasha, Advocate) AND:
1. Grama Panchayath, Bullahalli Village, Vijayapura Hobli, Devanahalli Taluk-562110, Represented by its Seretary.
2. Tahasildaar, Taluk Office, Mini Vidhana Soudha, Devanahalli-562110.
3. Rural Development And Panchyath Raj Department, Bangalore Rural, Represented by its, Executive Engineer, # 3rd Gate, 3rd Floor, M.S.Building, Bangalore-560 001.
4. Director, Rural Development and Panchayath Raj Department, # 3rd Gate, 3RD Floor, M.S.Building, Bangalore-560 001. ... Respondents (By Sri. M.S. Devaraju, Advocate for R1: Sri.M.A.Subramani, HCGP. for R2 to R4) This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to direct the respondents not to unlawfully encroach or interfere in the petitioner’s land except due process of law and direct the respondents not to disposes the petitioner from her land unless by due process of law and etc.
This writ petition, coming on for preliminary hearing in ‘B’ Group, this day, the Court, made the following:
ORDER In this writ petition the petitioner has sought the following reliefs:
“i. Issue a writ or order or direction, directing the respondents not to unlawfully encroach or interfere in the petitioner’s land except due process of law.
ii. Issue a writ or order or direction, directing the respondents not to disposes the petitioner from her land unless by due process of law.
iii. Issue any other order or direction as deemed fit by this Hon’ble Court in the facts and circumstances in the interest of justice.”
2. The only apprehension of the petitioner is that without due process of law the respondent may dispossess the petitioner from the property in question. It is settled law that no person can be dispossessed without the due process of law. During the enquiry if the authorities found that petitioner is the owner of the property in question and the authority wants the properties of the petitioner, they can acquire the same by due process of law.
3. With the above observations, the writ petition stands disposed of.
Sd/- JUDGE Cm/-