IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.1032/2019 (KLR – RES) BETWEEN:
SRI JAGADISH K., S/O EARANNA, AGED ABOUT 40 YEARS, OCC: AGRICULTURIST, R/AT KOOTAGAL POST, RAMANAGARA TALUK & DISTRICT-562159 ... PETITIONER [BY SRI SHRIKANTH B., ADV.] AND:
1. THE DEPUTY COMMISSIONER RAMANAGAR DISTRICT, RAMANAGAR-562159 2. THE TAHASILDAR RAMANAGAR TALUK RAMANAGAR-562159 3. THE DEPUTY DIRECTOR OF LAND RECORDS AND TECHNICAL ASSISTANT OF SURVEY DEPARTMENT, RAMANAGAR DISTRICT RAMANAGAR-562159 …RESPONDENTS [BY SRI Y.D.HARSHA, AGA.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS, RAMANAGAR TO CONSIDER THE REPRESENTATIONS (ANNEXURES-C, D AND E) SUBMITTED BY THE PETITIONER, EXPEDITIOUSLY IN ACCORDANCE WITH LAW AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Additional Government Advocate accepts notice on behalf of the respondents.
2. Petitioner has sought for a writ of mandamus directing the respondents to consider the representations at Annexures – C, D and E to the writ petition, submitted by the petitioner, inter alia, seeking a direction to the respondents to initiate action in accordance with the village map/Annexure-B and direct them to remove the encroachment of pathway to reach their respective lands.
3. It is the grievance of the petitioner that the representations submitted by him seeking interference by the authorities for the removal of encroachment made on the pathway by the adjacent land owners has not yielded any positive results.
4. Learned Additional Government Advocate has no objections to direct the respondent No.3 to take a decision on the representations submitted by the petitioner.
5. In view of the aforesaid and having regard to the facts and circumstances of the case, this Court is of the opinion that the interest of justice would be met in directing the respondent No.3 to consider the representations at Annexures – C, D and E, submitted by the petitioner in accordance with law and take a decision in the matter after hearing the concerned persons in an expedite manner, preferably within a period of twelve weeks from the date of the receipt of certified copy of this order. Ordered accordingly.
Writ petition stands disposed of in terms of the above.
Sd/- JUDGE PMR