1/4 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE Dr.JUSTICE VINEET KOTHARI W.P.No.52347/2017 (LB-RES) BETWEEN SMT. SHIVALINGAMMA W/O SRI. VENKATESH AGED ABOUT 47 YEARS R/AT. NIMBEKAYIPURA VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE-49.
(BY SRI. PRAKASH M.H., ADVOCATE) AND 1. THE PRINCIPAL SECRETARY DEPARTMENT OF PANCHAYATH RAJ ...PETITIONER M.S. BUILDING, Dr. AMBEDKAR STREET BANGALORE-560001.
2. THE EXECUTIVE OFFICER BANGALORE EAST TALUK PANCHAYATH K.R. PURAM, BANGALORE-49.
3. MANDURU GRAM PANCHAYATH MANDURU, BIDARAHALLI HOBLI BANGALORE EAST TALUK, BANGALORE-49 REP. BY THE PANCHAYATH DEVELOPMENT OFFICER.
4. MUNIYAPPA S/O LATE DODDA ANNEPPA AGE MAJOR R/AT. NIMBEKAYIPURA VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE-49.
5. RAJANNA S/O LATE DODDA ANNEPPA AGE MAJOR R/AT. NIMBEKAYIPURA VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE-49.
(BY SRI. A.K. VASANTH, AGA FOR R1) ...RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF MANDAMUS TO R-2 AND 3 TO ACT ON THE REPRESENTATIONS DTD 31-07-2017 VIDE ANNX-L AND M & ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Mr. Prakash M.H., Adv. for Petitioner Mr. A.K. Vasanth, AGA for R1 This petition has been filed with the following prayers:
a. “A Writ in the nature of Mandamus to respondent Nos.2 and 3 to act on the representations dated 31-07-2017 vide Annexures-L and M.
b. A writ in the nature of Mandamus to respondents 4 and 5 to stop illegal construction and to clear the encroachment in the public street.
c. Pass any other order or issue directions in the nature of writs under the circumstances of the case that this Hon’ble Court deems fit in the interest of justice and equity.”
2. Looking to the nature of the dispute raised in the writ petition about the alleged illegal construction raised by the third party, who is not even impleaded in the present writ petition, this Court is of the considered opinion that the dispute can be determined and resolved only by filing a Civil Suit and the same cannot be examined by this Court under Article 226 of the Constitution of India, as certain facts are required to be established with evidence about extent of illegal encroachment or construction.
The writ petition is disposed of with the aforesaid liberty to the petitioner. No costs.
Copy of this order may be supplied to the other side.
Sd/- JUDGE TL Sl.No.26