IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD W.P.No. 12895 OF 2019(LB-RES) BETWEEN:
Smt. Kasthuri, W/o Sri.Shama Shetty, Aged about 58 years, R/at Kere Anjaneya Swamy Street, Shrungeri Town & Post, Shrungeri Taluk-577139, Chickmangaluru District. … Petitioner (By Sri. Radhakrishna A., Advocate) AND:
1. The Deputy Commissioner, Chickmangaluru District, Chickmangaluru-577101.
2. The Chief Officer, Pattana Panchayath, Shrungeri Town-577139, Chickmangaluru District. ... Respondents (By Sri. M.A.Subramani, HCGP. for R1: Sri. D.C.Jagadeesh, Advocate for R2) This writ petition is filed under Article 226 of the Constitution of India praying to direct the Respondent-2 to implement the direction issued by the respondent-1 dated:29.06.2017 vide Annexure-A thereby consider the representation of the petitioner vide Annexure-B to F forthwith in accordance with 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:
“a) Issue a writ or order or direction in the nature of mandamus directing the 2nd Respondent to implement the direction issued by the first Respondent dated:29.06.2017 vide Annexure-‘A’ thereby consider the representation of the Petitioner vide Annexure ‘B’ to ‘F’ forthwith in accordance with law;
b) Pass any other suitable order or direction as this Court deems fit to pass in the facts and circumstances of the case, in the interest of justice and equity.”
2. The petitioner is the owner of the property bearing Assessment No.661/637 and 662/638, katha No.605 and 604 situated at Anjaneyaswamy Temple road, Shringeri. There is a public road on the western side of the petitioner’s property to reach the temple. There is also a well belonging to the Government. The said road has been illegally blocked by some persons. One of the resident of the area has given a complaint to the Deputy Commissioner, the Deputy Commissioner in turn by Annexure-A dated 29.06.2017 has written letter to the Chief Officer, Pattana Panchayat, Shringeri to take action in accordance with law. Inspite of that, the respondent has not taken any action. Hence, the petitioner has given representations to the second respondent vide Annexures B to E. Since the same are not considered, she has approached this Court.
3. Sri D.C.Jagadish, the learned counsel appearing for the second respondent submitted on instructions that pursuant to the direction of the Deputy Commissioner they have also obtained a report from the competent officer. There is a civil dispute in O.S.No.465/2017 filed by one Naveen, S/o.Hegde which was pending in the Civil Court, Sringeri. Hence, the respondent has not taken any action.
4. In reply, Sri A.Radhakrishna, the learned counsel appearing for the petitioner submitted that the civil suit has nothing to do with the property in dispute.
5. Under these circumstances, without expressing any opinion on the merits of the case, there is a direction vide Annexure-A from the Deputy Commissioner to take action in accordance with law. Pursuant to that the petitioner has given representations to the second respondent, the same are pending before the Panchayath. Under these circumstances, it is suffice for this Court to direct the second respondent to consider the representation submitted by the petitioner vide Annexure E dated 19.11.2018 in accordance with law and pass an order within a period of two months form the date of receipt of a copy of this order. Needless to mention that the second respondent is directed to communicate the order to the petitioner.
6. With the above observations, the writ petition stands disposed of.
Cm/-
Sd/- JUDGE