IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA W.P.NO.29961/2019(KLR-RES) BETWEEN SRI N ANATHARAMAIAH S/O SRI.NARASAPPA, AGED ABOUT 40 YEARS R/AT NO.48, GIDADHAKONENAHALLI, YASHAVANTHAPURA HOBLI, VISHWANIDHAM POST, BENGALURU-570 091 ... PETITIONER (BY SRI SHIVASHANKARA Y.D, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BANGALORE-560 001.
2. THE DEPUTY COMMISSIONER TUMKUR DISTRICT, TUMKUR-572 101 3. THE TAHASILDAR TURUVEKERE TALUK, TURUVEKERE, TUMKUR DISTRICT-572 227 ... RESPONDENTS (BY SRI VENKATESH DODDERI, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 3RD RESPONDENT TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DTD.01.06.2019 VIDE ANNEXURE-G AND DIRECT THE 3RD RESPONDENT TO REMOVE ILLEGAL ENCROACHMENT IN RESPECT OF SY.NO.125/1 MEASURING 0.06 GUNTAS AND SY.NO.124/3 MEASURING 0.10.06 GUNTAS OF LAND SITUATED AT HARALEKERE VILLAGE, MAYASANDRA HOBLI, TURUVEKERE TALUK, AS PER THE HUDBUST SURVEY REPORT DTD.22.02.2019 VIDE ANNEXURE-E & F RESPECTIVELY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner herein is seeking writ of mandamus to direct respondent No.3-Tahsildar to clear the illegal encroachment said to have committed by the persons referred to in his representation dated 01.06.2019. According to the petitioner, he is the absolute owner of the land bearing Sy.Nos.124/3 and 125/1 of Haralekere village, Mayasandra Hobli, Turuvekere Taluk, Tumkur District.
2. The grievance of the petitioner is that the adjacent land owners have illegally encroached into the way that is available to him to reach his land which is situated on either side of Hemavathi canal.
3. After going through the material available on record, this Court would direct the 3rd respondent - Tahsildar to conduct spot inspection. The Tahsildar should verify whether there is existence of road on either side of Hemavathi canal. If there is road in existence, to find out whether there are any encroachment into said road. In the event of their being any encroachment into said road, the 3rd respondent- Tahsildar shall take steps to remove the same after giving notice to the said encroachers and after holding proper enquiry.
With such observation, the writ petition is disposed of.
Learned AGA is permitted to file memo of appearance within two weeks.
Sd/- JUDGE TL