IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MRS.JUSTICE S.SUJATHA WRIT PETITION No.43960/2019 (LA – KIADB) BETWEEN :
K.R.KEMPEGOWDA S/O LATE RANGAPPA AGED ABOUT 52 YEARS R/O KENGAL KEMPOHALLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT-562111 ...PETITIONER (BY SRI S.C.VIJAYAKUMAR, ADV.) AND :
1 . THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD #49, 4TH AND 5TH FLOOR KANEEJA BHAVAN RACE COURSE ROAD BENGALURU-01 REP BY MANAGING DIRECTOR 2 . THE SPECIAL LAND ACQUISITION OFFICER-2 THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD #49, 4TH AND 5TH FLOOR KANEEJA BHAVAN RACE COURSE ROAD BENGALURU-01 3 . SRI PARIJATHA TILES FACTORY #26/3, RAJAJINAGAR OPP. TO GOVERNMENT SOAP FACTORY Dr. RAJKUMAR ROAD BENGALURU-10 …RESPONDENTS (BY SRI K.B.MONESH KUMAR, ADV. FOR R-1 & R-2; SRI ANIL BABU C., ADV. FOR R-3.) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 & 2 TO CONSIDER THE REPRESENTATIONS DATED 24.05.2019 AND 28.08.2019 AS PER ANNEXURE-E, F AND G.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner has sought for a direction to respondent Nos.1 and 2 to consider the representations dated 24/05/2019 and 28/08/2019 as per Annexures E, F and G to the writ petition. The petitioner is claiming to be the absolute owner in possession and enjoyment of the land in survey No.16/4 (old No.16/1), measuring 1 acre of Billinakote Village, Nelamangala Taluk, Bengaluru District.
2. It is submitted that respondent No.3 , who is an allottee of plot No.280 has informed the petitioner about encroachment of 20 guntas in survey No.16/4 on the strength of the lease deed executed by respondent No.1. On verifying the records and sketch from the office of the respondent No.1, it has come to the knowledge of the petitioner that respondent No.1 has included 20 guntas in survey No.16/4 while preparing the sketch, though the land in survey No. 16/4 measuring 1 acre was denotified.
3. It is the grievance of the petitioner that the representations submitted to respondent No.2 to make necessary corrections in the lay out plan and sketch has not yielded any positive results. Hence, the present writ petition.
4. Having regard to the facts and circumstances of the case, this Court is of the considered opinion that there is no legal impediment for respondent Nos.1 and 2 to consider the representations dated 24/05/2019 and 28/08/2019 as per Annexures E, F and G and take a decision in accordance with law after hearing the parties. Hence, respondent Nos.1 and 2 are directed to consider the representations dated 24/05/2019 and 28/08/2019 as per Annexures E, F and G and take a decision in accordance with law after hearing the petitioner as well as respondent No.3. Compliance of this order shall be made in an expedite manner, in any event, not later than twelve weeks from the date of receipt of a copy of this order. All the contentions of the parties are left open.
5. The writ petition stands disposed of, in terms of the above.
Sd/- JUDGE Msu