IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 28TH DAY OF MARCH, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH WRIT PETITION NOS.36721 TO 36722 OF 2016(KLR-RES) BETWEEN:
1. SRI K.N.DAYANANDA SAGAR S/O K.M.NARAYANA REDDY, AGED ABOUT 62 YEARS, R/AT NO.755, 17TH ‘H’ MAIN, VI BLOCK, KORAMANGALA, BENGALURU – 560 095.
2. K.N.ASHWATHANARAYANA REDDY S/O K.M.NARAYANA REDDY, AGED ABOUT 59 YEARS, R/AT NO.161, VI CROSS, S.T.BED, KORAMANGALA, BENGALURU – 560 095. ... PETITIONERS (BY SRI C.M.NAGABHUSHAN, ADVOCATE FOR SRI CHANDRASHEKAR P.V., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S.BUILDINGS, VIDHANA VEEDHI, BENGALURU – 560 001.
2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, KANDAYA BHAVANA, K.G.ROAD, BENGALURU – 560 009.
3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION, KANDAYA BHAVANA, K.G.ROAD, BENGALURU – 560 009.
4. THE TAHSILDAR BENGALURU SOUTH TALUK, KANDAYA BHAVANA, GROUND FLOOR, K.G.ROAD, BENGALURU – 560 009.
... RESPONDENTS (BY SMT.PRAMODHINI KISHAN, HCGP) ***** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ISSUE NOTICE TO ALL THE PERSONS IN OCCUPATION OF THE ARE ADJACENT TO ARAKERE LAKE IN SY.NO.34 OF ARAKERE VILLAGE BEFORE CONDUCTING ANY JOINT SURVEY AS REQUESTED BY THE PETITIONERS IN THEIR REPRESENTATIONS DATED:15.10.2015 (ANNEXURE-Z) DATED:23.04.2016 (ANNEXURE-AD) DATED:30.04.2016 (ANNEXURE-AF) DATED:10.06.2016 (ANNEXURE-AO) ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The plea of the petitioners is for a writ of mandamus to direct the respondents not to conduct a joint survey of the lands in question, without due notice to all the persons concerned including the petitioners.
2. The learned Government Pleader appearing for the State submits that all action by the State will always be in accordance with law. Therefore, notice shall necessarily be issued to all concerned persons before any action is taken.
3. Under these circumstances, noting the submission of the learned Government Pleader, the writ petitions are disposed off.
SD/- JUDGE JJ