IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.54494 OF 2017(GM-RES) BETWEEN:
Sarkari Jameenugala Bhoogallatana Virodhi Vedike (Forum Against Encroachment of Government Lands) Harapanahalli Tk: Harapanahalli Dt: Davanagere Represented by its President Sri. V.P. Durugadaiah, Adhyaksha. (By Sri. N. Khetty, Advocate (Absent)) AND:
1. The State of Karnataka for Department of Revenue, Represented by its Secretary, M.S. Building, Bengaluru-560 001.
2. The Deputy Commissioner Davanagere, Taluk and District Davanagere.
3. The Assistant Commissioner Harapanahalli, … Petitioner Taluk Harapanahalli, District: Davanagere.
4. The Tahsildar Harapanahalli, Taluk: Harapanahalli, District: Davanagere.
5. The Town Municipal Corporation Harapanahalli, Represented by its The Chief Executive Officer, Taluk: Harapanahalli, District: Davanagere.
... Respondents (By Sri. Vijay Kumar A. Patil, AGA for R1 to R4) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to direct the respondent to take action to clear all encroachments in land Sy.No.539/B measuring 6 Acres 48 Cents given to Kalamma Temple, an extent of 2 Acres 89 Cents to Jain Basthi and an extent of 6 Acres 04 Cents to Anjaneya Temple out of an extent of 179-65 Acres situated at Harapanahalli Village, Harapanahalli Taluk, Davanagere District.
This Petition coming on for Orders, this day, the Court made the following:-
ORDER None for the petitioner.
Learned Additional Government Advocate for respondent Nos.1 to 4.
Record perused.
2. In this petition, petitioner inter alia seeks for a direction to the respondents to take action to remove encroachments from the land bearing Sy.No.539/B measuring 6 Acres 48 Cents given to Kalamma Temple, an extent of 2 Acres 89 Cents to Jain Basthi and an extent of 6 Acres 04 Cents to Anjaneya Temple out of an extent of 179-65 Acres situated at Harapanahalli Village, Harapanahalli Taluk, Davanagere District.
3. When the matter was taken up today, learned Additional Government Advocate submitted that suitable action in accordance with law for removal of encroachment, if the land in question falls beyond the Town Municipal Corporation shall be taken, failing which the Town Municipal Corporation have to take action.
4. In view of the averments made in the petition and taking into note the reliefs sought for by the petitioner, I deem it appropriate to dispose of the writ petition with a direction that if the encroachment in question falls within the limits of respondent No.5-Corporation, the Competent Authority of respondent No.5-Corporation shall take action for removal of the encroachments in accordance with law. If the encroachments in question is beyond the Town Municipal Limit, respondent Nos.2 and 4 shall take action for removal of the encroachments in accordance with law after affording an opportunity of hearing to all the necessary parties.
5. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, petition is disposed of.
Mds/-
Sd/- JUDGE