IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY, ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.46523 OF 2016 (GM-RES) BETWEEN:
SRI. SUDHINDRA S/O SRI.BULLA MOGAVEERA AGED ABOUT 28 YEARS NEAR NNA THAMMANA KALLU POST & VILLAGE VAKWADY – 576 257 KUNDAPURA TALUK UDUPI DISTRICT (BY SRI K. CHANDRANATH ARIGA, ADVOCATE) AND:
1. THE DEPUTY COMMISSIONER UDUPI DISTRICT RAJATHADRI MANIPAL – 576 104 UDUPI DISTRICT 2. THE ASST. COMMISSIONER KUNDAPURA SUB-DIVISION KUNDAPURA – 576 201 UDUPI DISTRICT 3. THE TAHSILDAR KUNDAPURA TALUK KUNDAPURA – 576 201 UDUPI DISTRICT ... PETITIONER 4. THE DEPUTY DIRECTOR DEPARTMENT OF PUBLIC EDUCATION ‘C’ BLOCK, RAJATHADRI MANIPAL – 576 104 UDUPI DISTRICT 5. BLOCK EDUCATION OFFICER KUNDAPURA RANGE KUNDAPURA – 576 201 UDUPI DISTRICT 6. SMT. SAROJINI SHETTY AGED 65 YEARS W/O NARAYANA SHETTY R/AT KANAKA NILAYA SARKAL HOUSE, VAKWADY VILLAGE KUNDAPURA TALUK UDUPI DISTRICT – 576 257 ... RESPONDENTS (SRI S.H.PRASHANTH, AGA FOR RESPONDENT NOS.1 TO 5 SRI.P.P.HEGDE, ADVOCATE FOR RESPONDENT NO.6) ---
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS 1 TO 4 TO TAKE IMMEDIATE ACTION FOR THE REMOVAL OF THE ENCROACHMENT IN SY.NO.158/2B AND 168/2 OF VAKWADY VILLAGE AND RESTORE THE ENCROACHED PORTION TO THE SCHOOL AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ACTING CHIEF JUSTICE MADE THE FOLLOWING:
ORDER The petitioner, who claims to be an old student of the Government High School, Vakwady, has filed this public interest litigation with a prayer to remove the encroachment of the land granted to the school. The petitioner had made a representation to the Deputy Commissioner in this regard.
2. Learned advocate for the petitioner has referred to communication dated 04.07.2015 from the Tahasildar, Kundapur Taluk to the Block Education Officer, Kundapur (Annexure-S) stating that as per the mahazar, 0.22 acres of land in survey No.158/2 and 0.47 acres of land in survey No.168/1 belonging to the school has been encroached and the Block Education Officer is directed to remove the encroachment and to safeguard the land. It is submitted that despite of such directions, no action has been taken. Hence, he has filed this writ petition seeking direction to the respondent Nos.1 to 4 to take immediate action for removal of the encroachment and to restore the encroached portion to the school.
3. Learned advocate for respondent No.6 submits that the extent of land granted to the school has been modified as per the proceedings dated 30.05.2016 (Annexure-R1), by which 0.20 cents of land has been given for Panchayath road. Therefore, usage of 0.20 cents for panchayath road is not encroachment. It is further submitted that nowhere in the correspondence made in this regard, the name of respondent No.6 has been referred and she has been unnecessarily impleaded in this petition. Hence, he prayed to dismiss the petition.
4. Learned Additional Government Advocate submitted that appropriate action would be taken in case if any encroachment is found.
5. Heard learned advocates for the parties and perused the material placed on record.
6. The initiative taken by the petitioner to make efforts to remove the encroachment of the land belonging to the school, where he studied, is well appreciated. But, this Court is not the appropriate forum to decide the disputed question of fact as to whether there has been any encroachment or not. In the circumstances, this Court feels it appropriate to direct the State respondents to find out if there is any encroachment of the land belonging to the school after prior notice and providing opportunities of hearing to all concerned in this matter and to take steps for removal of encroachment, if any.
With these observations, the petition stands disposed of.
Sd/-
ACTING CHIEF JUSTICE Sd/- JUDGE AHB