IN THE HIGH COURT OF KARNATAKA, AT BENGALURU DATED THIS THE 11TH DAY OF MARCH 2019 BEFORE THE HON' BLE MRS JUSTICE S.SUJATHA WRIT PETITION NOS.47081-47085/2014 & WRIT PETITION NO.47086/2014(LA-RES) BETWEEN:
1.SRI K.V. ANANDA RAO S/O LATE VENKATACHALA GURIKAR, AGED ABOUT 85 YEARS, R/AT # 434,"KAVERI NILAYA" LAWYERS STREET,OPP.PLD BANK, K B EXTENSION, DAVANAGERE-577 002.
2.B G DATTATREYA, S/O B V GANGAPPA SETTY, AGED ABOUT 54 YEARS, R/AT # 1893/4,"KALAGANGOTHRI" 1ST CROSS,SS LAYOUT,"A"BLOCK, BEHIND LAKSHMI FLOUR MILL, DAVANAGERE-577 004.
3.SRI B G VIRUPAKSHPPA, S/O B V GANGAPPA SETTY, AGED ABOUT 48 YEARS, R/AT "PRARTHANA" ,#116/81 KIRUVADI LAYOUT,K B EXTENSION, DAVANAGERE-577 002.
4.SMT V N SUNITHA, W/O P S JAGADISH, AGED ABOUT 40 YEARS, R/AT #855/41-42, 1ST MAIN,1ST STAGE, SHIVAKUMARSWAMY LAYOUT, DAVANAGERE-577 005 5.SMT RADHARANI BEHAL, W/O LATE K G BEHAL, AGED ABOUT 72 YEARS, R/AT NO.4226/19,8TH CROSS, SIDDAVEERAPPA LAYOUT, DAVANAGERE-577 004.
(BY SRI. S V PRAKASH, ADVOCATE) AND:
1.STATE OF KARNATAKA REPRESENTED BY ITS .. PETITIONERS PRINCIPAL SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, M S BUILDING, BANGALORE-01.
2.THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (C & B), K R CIRCLE, DR AMBEDKAR VEEDHI, BANGALORE-01 3.THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, SHIMOGA CIRCLE, SHIMOGA.
4.THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, DAVANAGERE DIVISION, DAVANAGERE.
5.THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, DAVANAGERE SUB-DIVISION, DAVANAGERE-577 002.
6.THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT, DAVANAGERE-577 002.
7.DAVANAGERE CITY MUNICIPAL CORPORATION, DAVANAGERE REPTD. BY ITS COMMISSIONER 8.THE ASSISTANT COMMISSIONER, DAVANAGERE SUB-DIVISION, DAVANAGERE - 577 002.
... RESPONDENTS (BY SRI. B.J.ESHWARAPPA, AGA FOR R1 TO R6 & R8, SRI. B.K.MANJUNATH, ADV. FOR R7) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACTION OF THE RESPONDENTS TO DEMOLISH THE PORTION OF THE BUILDING EXISTING ON THE SCHEDULE PROPERTY TO THIS WRIT PETITION WITHOUT FOLLOWING THE MANDATORY PROVISIONS CONTAINED UNDER "THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013" AND PAYMENT OF COMPENSATION AS PROVIDED THEREIN AS ONE WITHOUT JURISDICTION AND WITHOUT AUTHORITY OF LAW ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING;
ORDER Learned counsel for the parties submit ad idem that the issue involved in these writ petitions is squarely covered by the order passed by this Court in W.P.No.50152/14, disposed on 23rd March 2016.
2. The said submission of the learned counsel for the parties is placed on record.
3. The subject matter of these writ petitions being identical to the issue involved in W.P.No.50152/2014, these writ petitions stand disposed of in similar terms.
4. It is made clear that the respondents shall take action in accordance with law holding an appropriate inquiry to determine that there is indeed encroachment with reference to the title deeds of the petitioners and actual measurements of the property and it is only after an appropriate order being passed, the respondents shall take any further action in respect of the alleged encroachment, otherwise, they shall not interfere with the petitioners’ property except under due process of law.
Sd/- JUDGE Msu