IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.15265 OF 2018 AND WRIT PETITION NO.15582 OF 2018 (GM-RES) BETWEEN:
MUKKATIRA P VIJAYA S/O POOVAYYA, AGED ABOUT 44 YEARS NALKERY VILLAGE AND POST, SRIMANGALA HOBLI, VIRAJPET TALUK-571217 KODAGU DISTRICT. … PETITIONER (BY SRI.N RAVINDRANATH KAMATH, ADV.) AND:
1. THE DEPUTY COMMISSIONER KODAGU DISTRICT, MADIKERI-571211 KODAGU.
2. THE THASILDAR VIRAJPET TALUK, VIRAJPET-571218 3. REVENUE INSPECTOR SRIMANGALA-571217 VIRAJPET TLAUK, KODAGU.
4. RANGE FOREST OFFICER KARNATAKA FOREST DEPARTMENT, PONNAMPET RANGE, PONNAMPET-571216 VIRAJPET TALUK.
5. DEPUTY CONSERVATOR OF FOREST VIRAJPET TALUK, VIRAJPET-571218 KODAGU … RESPONDENTS (BY SRI.Y.D.HARSHA, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS NOT TO DIG TRENCHES AND BLOCK ROAD LEADING TO THE PROPERTY OF THE PETITIONER OR OCCUPY ANY PORTION OF THE PROPERTY BELONGING TO PETITIONER IN SY.NO.95/9 OF 2.18 ACRE AND SY.NO.95/11 OF 5.60 ACRES COFFEE CULTIVATED AREA SITUATED IN NALKERY VILLAGE, SRIMANGALA NAD, VIRAJPET TALUK AND CONSIDER THE REPRESENTATION OF THE PETITIONER DATED:03.04.2018 PRODUCED AT ANNEXURE-A AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In these petitions, the petitioner seeks for a direction to the respondents not to dig trenches and block road leading to the property of the petitioner or occupy any portion of the property belonging to petitioner in Sy.No.95/9 of 2-18 acre and Sy.No.95/11 of 5.60 acres coffee cultivated area situated in Nalkery Village, Srimangala Nad, Virajpet Taluk and consider the representation of the petitioner dated 03.04.2018 produced at Annexure-A.
2. On perusal of the records, I deem it appropriate to dispose of the writ petitions with a direction that the competent authority shall consider and decide the representation submitted by petitioner, if not already decided, in accordance with law by a speaking order within a period of four months from the date of receipt of certified copy of the order passed today. Ordered accordingly.
3. Ad-interim order granted on 11.04.2018 shall continue till the representation submitted by the petitioner is decided.
4. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petitions are disposed of.
Sd/- JUDGE dn/-