IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.6859 OF 2018 (GM-RES) BETWEEN:
SRI K GOVINDARAJU S/O LATE SRI C KRISHNAIAH AGED ABOUT 56 YEARS #13-13-9, WARD NO.7-246AB ASSESSMENT NO.809, BUS STAND ROAD, KOLLEGAL TALUK, CHAMRAJANAGARA-571 440 (BY SRI.RAGHUNATH M.D, ADV.) AND:
… PETITIONER 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDI, BANGALORE-01 BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER CHAMARAJANAGARA DISTRICT, CHAMARAJANAGARA-571 313 3. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, KOLLEGAL TOWN CHAMARAJANAGARA-571 313 4. THE SUPERINTENDENT OF POLICE CHAMARAJANAGARA DISTRICT CHAMARAJANAGARA-571 313 5. THE THASILDAR KOLLEGAL TOWN, CHAMARAJANAGARA DISTRICT CHAMARAJANAGARA-571 313 6. THE COMMISSIONER KOLLEGAL TOWN MUNICIPAL CORPORATION, CHOWDESHWARI KALYANAMANTAPA ROAD, KOLLEGAL-571440 7. THE COMMISSIONER URBAN DEVELOPMENT AUTHORITY, CHAMARAJANAGARA-571313 8. THE SPECIAL LAND ACQUISITION OFFICER NATIONAL HIGH WAYS AUTHORITY, HW 209, NO.37, SRI BAIVERESHWARA COMPLEX, APPAJI NURSING HOME ROAD, MALAVALLI-581714 … RESPONDENTS (BY SRI.Y.D.HARSHA, AGA FOR R1 TO R5;
SRI C.M.JAGADEESH, ADV. FOR R6;
SRI A.V.GANGADHARAPPA, ADV. FOR R7; SRI R.V.NAIK, ADV. FOR R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THE WRIT PETITION WITH COSTS AND DIRECT THE RESPONDENTS NOT TO ILLEGALLY DEMOLISH THE BALANCE CONSTRUCTIONS SITUATED IN SCHEDULE PROPERTY STATED IN THIS WRIT PETITION WHICH IS SITUATED IN KOLLEGAL AND RESTORE BACK THE ILLEGALLY DEMOLISHED PORTION AND ETC.
THIS PETITION COMING ON FOR ORDER THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioner inter alia seeks for a direction to the respondents not to illegally demolish the balance constructions situated in schedule property stated in this writ petition which is situated in Kollegal and restore back the illegally demolished portions.
2. On perusal of the records, I deem it appropriate to dispose of the writ petition with liberty to the petitioner that in case a fresh representation is made by him to the competent authority with regard to his grievance within a period of two weeks from the date of receipt of the certified copy of the order passed today, the same shall be dealt with by the competent authority in accordance with law by a speaking order within a period of four months from the date of receipt of such representation. Ordered accordingly.
3. Ad-interim order, if any, shall continue till the representation to be filed by the petitioner is considered by the competent authority.
4. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE dn/-