IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21st DAY OF SEPTEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION Nos.4674-76/2017 (GM RES) BETWEEN:
1. SRI H K MADHUKARA S/O LATE SRINIVASA APRABHU, AGED ABOUT 39 YEARS, R/AT MALANDUR VILLAGE, KONAKERE POST, N.R.PURA TALUK, CHICKAMAGALUR DISTRICT-577 127.
2. SRI.D.D.RAVI S/O LATE DHARMEGOWDA, AGED ABOUT 59 YEARS, R/AT HAMPINA MANE, MALANDUR VILLAGE, KONAKERE POST, N.R.PURA TALUK, CHICKAMAGALUR DISTRICT-577 127.
3. SRI.KADAPPA GOWDA S/O LATE MANJEGOWDA, AGED ABOUT 73 YEARS, R/AT HAMPINA MANE, MALANDUR VILLAGE KONAKERE POST, N.R.PURA TALUK, CHICKMAGALUR DISTRICT-577 127.
[ ... PETITIONERS (BY SRI : K CHANDRASHEKAR ACHAR, ADV) AND 1. THE DEPUTY COMMISSIONER CHICKAMAGALUR, DC OFFICE COMPOUND, MAIN ROAD, CHICKAMAGALUR DISTRICT-577 101.
2. THE ASSISTANT COMMISSIONER OFFICE OF A.C. TARIKERE TALUK TARIKERE, CHICKAMAGALUR DISTRICT-577 228,.
3. THE TAHSILDAR NARASIMHA RAJA PURA TALUK, CHICKAMAGALUR DISTRICT-577 134 ... RESPONDENTS (BY SRI KIRANKUMAR, AGA FOR R1-3) THESE PETITIONS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO THE RESPONDENTS TO IMPLEMENT THE ORDER DTD:3.2.2015 PASSED BY THE R-1 AS PER ANNEXURE-A AND CLOSE THE ALTERNATIVE WATER STREAM BY RESTORING THE RAJA KALUVE IN SY NO.22, 24, 31, 32, 33 OF MALLANDURU VILLAGE, N.R. PURA TALUK, CHICKMAGALURU DISTRICT IMMEDIATELY / FORTHWITH THESE PETITIONS COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners are before this Court seeking issue of mandamus to direct the respondents to implement the order dated 03.02.2015 passed by respondent No.1 as at Annexure-A and close the alternative water stream by restoring the Rajakaluve in Sy.Nos.22, 24, 31, 32 and 33 of Mallanduru village, N.R.Pura Taluk, Chickmagalur District.
2. The petitioners claim to be the owners of the land bearing Sy.Nos.22, 24, 26, 31, 32 and 33 of Mallanduru village, N.R.Pura Taluk, Chickmagalur District. In that regard the grievance of the petitioner is that the natural flow of water was being interfered with by the respondents to the proceedings before the Deputy Commissioner in J1 MAG No.53/2011-12.
3. Having considered the rival contentions, the Deputy Commissioner through the order dated 03.02.2015 has confirmed the earlier order dated 29.10.2011 whereby a direction has been issued to remove such obstruction and allow the natural flow of water. Since the said order has not been implemented, the petitioner is before this Court in this petition seeking appropriate direction to be issued in that regard.
4. At the outset, it is necessary to notice that the respondents who were before the Deputy Commissioner are not parties to this petition. In that light, keeping in view the fact that as on the date when a representation was made by the petitioners on 14.09.2016, a suit was also pending between the parties in O.S.No.47/2016 and 48/2016. The said aspect of the matter is also required to be kept in view by the Deputy Commissioner and thereafter appropriate action is required to be taken in accordance with law.
5. In that view, to enable a consideration in that regard, the petitioners are granted the liberty of filing a fresh representation enclosing thereto the copy of the order dated 03.02.2015 as at Annexure-A with respondent No.1. The Deputy Commissioner in that light shall verify the representation to be submitted by the petitioner, find out as to whether the order dated 03.02.2015 at Annexure-A is still in subsistence or as to whether there is any other legal impediment to implement the said order. If the need for implementation of the order is seen by the Deputy Commissioner in such event, the respondents who are parties to the original proceedings in J1 MAG No.53/2011-12 shall also be notified in that regard and thereafter appropriate action be taken in accordance with law.
With such liberty to the petitioners and appropriate directions to respondent No.1 - Deputy Commissioner these petitions stand disposed of.
Sd/- JUDGE akc/bms