1/4 IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE Dr.JUSTICE VINEET KOTHARI WRIT PETITION No.57901/2015 (LB-RES) Between:
1. S.T. Satish S/o late Thimmegowda Aged about 53 years Agriculturist.
2. T. Sahesha S/o late Thimmegowda Aged about 50 years Agriculturist.
Both are residents of Gubbiga Village Kademane Sutha, Balehonnur Hobli Narasimharajapura Taluk Chikkamagaluru District-577112.
…Petitioners (By Mr. A.V. Gangadharappa, Advocate) And:
1. The Assistant Commissioner Tarikere Sub-Division, Tarikere Chikkamagaluru District-577228.
2. The Tahsildar, Narasimharajapura Taluk Chikkamagaluru District – 577134.
3. The Range Forest Officer Chikka Agrahara Range Narasimharajapura Taluk Chikkamagaluru District-577134.
4. Grama Panchayath, Gubbiga Village Represented by Panchayath Development Officer Balehonnur Hobli, Narasimharajapura Taluk Chikkamagaluru District – 577112.
5. S.C. Kollegowda S/o Channappagowda Aged about 65 years Resident of Gubbiga Village Kademane Sutha, Balehonnur Hobli Narasimharajapura Taluk Chikkamagaluru District-577112.
… Respondents (Mr. D.R. Anandeeswara, HCGP for R1 to R3 Mr. K. Chandrashekara, Advocate for R5) **** This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to a writ in the nature of mandamus or any other appropriate writ or order directing Respondents No.1 to 4 to take immediate action on Representations dated 15/07/2014, 21/08/2014 & 22/08/2015 produced as Annexures-E, E1, F & G respectively and to direct to clear the illegal blockage of the road by respondent No.5 formed in land bearing Sy.No.50 of Gubbiga Village, Balehonnuru Hobli, Narasimharajapura Taluk, Chikkamagaluru District.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:-
O R D E R Mr. A.V. Gangadharappa, Advocate for Petitioners Mr. D.R. Anandeeswara, HCGP for R1 to R3 Mr. K. Chandrashekara, Advocate for R5 1. The learned counsel for the petitioners submits that the purpose of filing the present petition is only to seek a mandamus direction to the Respondent Nos.2 and 3, Tahsildar, Range Forest Officer and Grama Panchayat to consider the Representations of the petitioners filed wayback on 15/07/2014, 21/08/2014 and 22/08/2015, to remove the obstructions caused by the 5th Respondent.
2. The learned Government Advocate appearing for Respondent Nos.1 to 3 submitted that as per the relevant provisions of Section 67 of the Karnataka Land Revenue Act, 1964, the Deputy Commissioner of the concerned District is the competent authority to look into the said grievance.
3. Accordingly, the present petition is disposed of with a direction to the petitioners to file fresh Representation along with the copies of the existing/earlier Representations before the Deputy Commissioner of Chikkamagaluru District, who is directed to decide the same in accordance with law, after giving an opportunity of hearing to the concerned parties.
4. The petitioners may appear in the first instance before the Deputy Commissioner on 03-01-2018 and a period of two months is allowed to the said Authority to decide the same.
5. Accordingly, the present writ petition stands disposed of. No costs.
Sd/- JUDGE BMV*