IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 18TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NOS.4296-4299 OF 2015 AND WRIT APPEAL NOS.4300-4303 OF 2015 (LA-RES) BETWEEN:
1. M/S. R. HANUMANTHAPPA & SONS A REGISTERED PARTNERSHIP FIRM, NO.56/1, HANUMANTHAPPA BUILDING, P.B. ROAD, DAVANAGERE-02, REPRESENTED BY ITS MANAGING PARTNER, SRI HANAMANATHARAJU.
2. DRHD ASSOCIATION A CHARITABLE TRUST ® NO.56/1A, HANUMANTHAPPA BUILDING, P.B. ROAD, DAVANAGERE-02, REPRESENTED BY ITS MANAGING TRUSTEE, SRI HANUMANATHARAJU.
3. DRR EDUCATION TRUST ® NO.56/1A, HANUMANTHAPPA BUILDING, P.B. ROAD, DAVANAGERE-02, REPRESENTED BY ITS TRUSTEE, SRI HANAMANATHARAJU.
4. SRI KODANDARAMADEVARU TEMPLE ASSOCIATION A PRIVATE TRUST ® NO.56/1A, HANUMANTHAPPA BUILDING, P.B. ROAD, DAVANAGARE-02, REPRESENTED BY ITS TRUSTEE, SRI HANAMANATHARAJU.
5. R.S. RAVINDRANATHA SON OF LATE R.R. SRINIVASAMURTHY, AGED ABOUT 68 YEARS, OCCUPATION: BUSINESS, “SRINIVAS”, MARUTHI MANSION COMPOUND, P.B. ROAD, DAVANAGERE-03.
6. SMT. R.V. JAYALAKSHMI W/O LATE R.S. VISHWANATH, AGED ABOUT 61 YEARS, OCCUPATION: BUSINESS, RESIDENT OF “RAMNIVASA” DOOR NO.92/1, 1-A, MARUTHI MANSION COMPOUND, P.B. ROAD, DAVANAGERE-03.
7. R.H. HANUMANTHARAJU SON OF LATE R.R. SRINIVASA MURTHY, AGED ABOUT 61 YEARS, OCCUPATION: BUSINESS, RESIDING AT NO.300, MARUTHI MANSION, P.B. ROAD, DAVANAGERE-03.
... APPELLANTS (BY SRI ASHOK HARANAHALLI, SENIOR COUNSEL FOR SRI S. V. PRAKASH, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, M.S. BUILDING, BENGALURU-560 001.
2. THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (C&B), K.R. CIRCLE, DR. AMBEDKAR VEEDHI, BENGALUGU-560 001.
3. THE SUPERINTENDING ENGINEER PUBLIC WORKS DEPARTMENT, SHIVAMOGGA CIRCLE, SHIVAMOGGA-577 201.
4. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, DAVANAGERE DIVISION, DAVANAGERE-577 002.
5. THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, DAVANAGERE SUB-DIVISION, DAVANAGERE-577 002.
6. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT, DAVANAGERE-577 002.
7. DAVANAGERE CITY MUNICIPAL CORPORATION DAVANAGERE-577 002, REPRESENTED BY ITS COMMISSIONER.
8. THE ASSISTANT COMMISSIONER DAVANAGERE SUB-DIVISION, DAVANAGERE-577 002.
... RESPONDENTS (BY SMT. R. ANITHA, HCGP FOR R-1 TO R-6 & R-8; SRI B. K. MANJUNATH, ADVOCATE FOR R-7) THESE WRIT APPEALS ARE FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION NOS.47049-47053 OF 2014 AND WRIT PETITION NOS.47054-47055 OF 2014 DATED 08.10.2015.
***** THESE WRIT APPEALS COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT Aggrieved by the order dated 08.10.2015 passed by the learned Single Judge in W.P. Nos.47049-47053 of 2014, petitioners Nos.1 to 7 therein have filed the present appeal.
2. The primary contention of the appellants is that in similarly situated circumstances, the learned Single Judge of this Court in the order dated 23.03.2016, passed in Writ Petition No.50152 of 2014, at para-3 of the order, has directed the respondents therein to hold an appropriate enquiry to determine the question of encroachment, etc., which reads as follows:
“3. It is made clear that the respondents shall take action only in accordance with law. In that, they shall hold an appropriate enquiry to determine that there is indeed encroachment with reference to the title deeds of the petitioner and actual measurements of the property and it is only after an appropriate order being passed, the respondents shall take any further action in respect of the alleged encroachment, for otherwise, they shall not interfere with the petitioner’s property otherwise than under due process of law.”
Hence, it is pleaded that the same relief be granted to the appellants also, since they are situated in the very same neighborhood.
3. The learned counsel for the respondents does not dispute the earlier order passed by this Court, referred to supra.
4. Under these circumstances, we are of the considered view that the benefit of the aforesaid order be extended to the appellants also. Consequently, the appeals are disposed off. The impugned order of the learned Single Judge dated 08.10.2015, passed in Writ Petition Nos.47049-47053 of 2014, is modified in terms of the order of this Court dated 23.03.2016, passed in Writ Petition No.50152 of 2014 by applying the directions issued at para-3 of the said order.
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JUDGE JUDGE JJ CT:SM