IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ALOK ARADHE WRIT PETITION NO.49206 OF 2016 (GM-RES) BETWEEN:
SRI G. VENKATESH S/O. LATE GOVINDAIAH, AGE. 43 YEARS, RESIDING AT JALADIGERE VILLAGE, YEDIUR HOBLI, KUNIGAL TALUK-572 130.
(BY SRI B. N. SHIVANNA, ADVOCATE) AND :
1. SRI. DHARME GOWDA SUB INSPECTOR OF POLICE, LAW AND ORDER, AMRUTHUR POLICE STATION, AMRUTHUR, KUNIGAL TALUK-572130.
2. SRI. BALE GOWDA INSPECTOR OF POLICE, KUNIGAL POLICE STATION, KUNIGAL -572 130.
3. SRI. MANCHE GOWDA HEAD CONSTABLE, AMRUTHUR POLICE, AMRUTHUR, KUNIGAL TALUK-572 130.
... PETITIONER 4. SRI. VENKATESH POLICE CONSTABLE, AMRUTHUR POLICE, AMURTHUR, KUNIGAL TALUK-572 130.
5. SRI. J. V. NAGARAJ S/O. LATE VENKATESHAIAH, AGE 60 YEARS, RESIDING AT JALADIGERE VILLAGE, YEDIUR HOBLI, KUNIGAL TALUK-572 130.
6. TAHSILDAR KUNIGAL TALUK, KUNIGAL -572 130.
7. DIRECTOR GENERAL AND INSPECTOR GENERAL OF POLICE IN KARNATAKA, NRUPATHUNGA ROAD, BANGALORE-560 002.
8. THE CHIEF SECRETARY TO THE GOVERNMENT OF KARNATAKA, VIDHANASOUDHA, BANGALORE-560 001.
RESPONDENTS NO.1 TO 4 AND 6 TO 8 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE.
9. SPECIAL LAND ACQUISITION OFFICER B.M. ROAD, KUNIGAL – 572130.
... RESPONDENTS (BY SRI Y. D. HARSHA, A.G.A. FOR R6 TO R9; SRI R. V. NAIK, ADVOCATE FOR R9;
SRI G. R. PRAKASH, ADVOCATE FOR R5 – ABSENT R1, R2, R3 & R4 - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO DEMOLISH OR REMOVE THE SCHEDULE COMMERCIAL SHOP/ PROPERTY SITUATED IN SY.NO.128/1 OF JALADIGERE VILLAGE, YEDIUR HOBLI, KUNIGAL TALUK VIDE ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Mr. B.N.Shivanna, learned Counsel for the petitioner.
Mr. Y.D.Harsha, learned Additional Government Advocate for respondent No.6 to 9.
Mr.R.V.Naik, learned Counsel for the respondent No.9.
Mr.G.R.Prakash, learned counsel for respondent No.5-absent.
The petition is admitted for hearing. With the consent of learned Counsel for the parties, the matter is heard finally.
2. In this writ petition, petitioner, inter alia, seeks for the following reliefs:
“1. Issue writ of mandamus directing the Respondents not to demolish or remove the schedule commercial shop/property situated in Sy.No.128/1 of Jaladigere Village, Yediur Hobli, Kunigal taluk, vide Annexure-A;
2. Issue writ of mandamus directing the Respondent No.8 to take action against the Respondents No.1 to 4 in the manner known to law to suspend them from the service immediately;
3. Grant such other relief/s as the Hon’ble Court deems fit to grant in the circumstances of the cases, in the interest of justice and equity.”
3. When the matter was taken up today, Mr.Y.D.Harsha, learned Additional Government Advocate submitted that action for eviction of the petitioner shall be taken in accordance with law.
4. Recording the aforesaid submission, it is directed that action for eviction of the petitioner, if any, shall be taken in accordance with law.
Accordingly, the petition is disposed of.
Sd/- JUDGE ln.
CT-HR