IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 16th DAY OF JANUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.278/2019 (GM-RES) BETWEEN:
SRI RAJESH MANIYANI S/O LATE BALAKRISHNA MANIYANI AGED ABOUT 45 YEARS, OCC: AGRICULTURE HEREDITARY PRIEST MOOVARU DAIVANGAL PANJURLI PILICHAMUNDI DAIVASTHANA BADIYAR, PERUYAVI R/AT THACHAME HOUSE PERUVAYI VILLAGE & POST, BANTWAL TALUK D K DISTRICT-574260 ... PETITIONER (BY SRI. V.R.PRASANNA, ADVOCATE) AND 1. THE DEPUTY COMMISSIONER D K DISTRICT MANGALORE-575001 2. THE TAHSILDAR BANTWAL TALUK BANTWAL D K DISTRICT-574219 3. THE GRAMA PANCHAYATH, PERUVAYI REP. BY ITS PANCHAYATH DEVELOPMENT OFFICER, PERUVAYI, BANTWAL TLAUK D K DISTRICT-574260 4. THE ASSISTANT EXECUTIVE ENGINEER MESCOM, KANYANA BANTWAL TALUK D K DISTRICT-574279 5. MR PUTTHU @ ABDUL RAZAQ S/O K MAMMUNHI BEARY, AGE: MAJOR R/AT KADRADKA PERUVAYI, BANTWAL TALUK D K DISTRICT-574260. ... RESPONDENTS (Respondent Nos.3 to 5 are deleted vide order dated 16.01.2019) (BY SRI. VIJAYKUMAR A. PATIL, AGA FOR R1 AND R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA WITH A PRAYER TO DIRECT THE R-1 TO 4 TO CONSIDER THE REPRESENTATION DATED 04.10.2018 SUBMITTED TO THE DEPUTY COMMISSIONER, REPRESENTATION DATED 30.01.2018 & 16.04.2018 SUBMITTED TO THE TAHSILDAR, REPRESENTATION DATED 16.01.2018 SUBMITTED TO THE GRAMA PANCHAYATH AND REPRESENTATION DTED 04.10.2018 SUBMITTED TO THE OFFICIALS OF MESCOM, SO AS TO PREVENT ILLEGAL CONSTRUCTION BY ENCROACHING THE GOVERNMENT LAND IN SY.NO.76/1 OF PERUVAYI VILLAGE, BANTWAL TALUK, D.K. DISTRICT AND NOT TO CONNECT POWER SUPPLY TO THE ILLEGAL CONSTRUCTION OF THE R-5, TRUE COPIES OF WHICH ARE PRODUCED AT ANNEXURE-A, B, C, D AND E RESPECTIVELY AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The learned Additional Government Advocate accepts notice for respondent Nos.1 and 2.
2. The learned counsel for the petitioner has filed a memo for deletion of respondent Nos.3 to 5.
3. The petitioner has filed this writ petition asserting that the land bearing Sy.No.76/1 of Peruyavi Village is a Government land in all measuring 6.57 acres. “Moovaru Daivangal Panjurli Pilichamundi Daivasthana, Badiyar, Peruyavi”, is a notified Institution under the provisions of Section 23 of the Karnataka Hindu Religious Institutions and Charitable Endowment Act, 1997. This Government land is used regularly by the petitioner, a hereditary trustee, for the purpose of accommodating the devotees during the time of festivals in the Daivasthana for parking the vehicles, distribution of prasadam, Anna Santharpana, processions, etc.
4. The land in Sy.No.76/1 of Peruvayi Village, Bantwal Taluk, D.K.District measuring 6.57 acres, as per the Revenue Record, is a Government land. The respondent No.5, who cannot in any manner claim the aforesaid land without necessary title conferring records and if construction is commenced without obtaining sanction plan, cannot seek issuance of ‘No Objection’ for service of amenities. The petitioner’s representation as against these acts have remained unconsidered. In view of the deletion of respondent Nos.3 to 5, consideration of representation as per Annexure-A remain to be considered. The writ petition could be disposed of issuing directions to the authorities to consider the representation vide Annexure-A.
5. Sri. Vijaykumar A. Patil, learned Additional Government Advocate submits that the respondent No.1, the appropriate authority, will consider the petitioner’s representation as per Annexure-A and take necessary decision.
6. In view of the aforesaid submissions, this writ petition is disposed of directing respondent No.1 to consider representation vide Annexure-A and take appropriate decision as permissible in law with communication to the petitioner in writing as expeditiously as possible.
SD/- JUDGE KA/-