IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.54669/2017 (GM-BWSSB) BETWEEN:
SRI G.S.BASAVARAJAIAH S/O.LATE SHIVANNA AGED 70 YEARS NO.1029, 5TH MAIN ROAD 3RD BLOCK, 3RD STAGE BASAVESHWARANAGAR BANGALORE-560 079. …PETITIONER (BY SRI NITISH K.N., ADV. FOR SRI SATHISH, ADV.) AND:
1. STATE OF KARNATAKA BY SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA BANGALORE-560 001.
2. BANGALORE WATER SUPPLY AND SEWERAGE BOARD KAVERI BHAVAN K.G.ROAD BANGALORE-560 009 BY ITS CHAIRMAN.
3. CHIEF ADMINISTRATOR OFFICER AND SECRETARY BANGALORE WATER SUPPLY AND SEWERAGE BOARD KAVERI BHAVAN K.G.ROAD BANGALORE-560 009 4. EXECUTIVE ENGINEER NORTH WEST BANGALORE WATER SUPPLY AND SEWERAGE BOARD KAVERI BHAVAN K.G.ROAD BANGALORE-560 009.
5. BRUHATH BENGALURU MAHANAGARA PALIKE N.R.SQUARE BANGALORE-560 002 BY ITS COMMISSIONER. …RESPONDENTS (BY SRI M.A.SUBRAMANI, HCGP FOR R-1 SRI ANAND R.B., ADV. FOR CAVEATOR R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM DATED 22.09.2017 ISSUED BY THE R-3 AT ANNEXURE-F AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned Government Advocate to accept notice for respondent No.1 and file memo of appearance in four weeks. The respondent No.5 has entered caveat. The need to notify the respondents No.2 to 4 does not arise.
2. The petitioner is before this Court assailing the official memorandum dated 22.09.2017 at Annexure-F to the petition and in that light is seeking a writ of prohibition against the respondents from utilizing the petition schedule property.
3. The respondents No.2 to 4 have issued the official memorandum in favour of respondent No.5. The same relates to the property as has been indicated therein. The petitioner however contends that he is the owner of the said property and the respondents have no manner of right to deal with the same.
4. If that be the position, the petitioner is required to avail his remedies in a properly constituted suit inasmuch as, such disputed questions relating to ownership of the property cannot be decided in a writ petition of the present nature.
5. In that view, reserving such liberty to the petitioner, the instant petition stands disposed of. Registry to return the papers, if any sought for by the learned counsel for the petitioner.
Sd/- JUDGE ST