IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT PETITION NO.20479 OF 2017 (KLR-RES) PIL Between:
1. Sri.Y.Devaraju S/o Late Yellappa Aged about 42 years R/at 366, Thubarahalli Palya Whitefield Post Bengaluru – 560 066 2. Sri.Narayanaswamy S/o Late Parameshwarappa Aged about 67 years R/at 318, Thubarahalli Palya Whitefield Post Bengaluru – 560 066 3. Sri.Yashawanthakumar S/o Sampangiramaiha Aged about 32 years R/at 378, Thubarahalli Palya Whitefield Post Bengaluru – 560 066 4. Sri.Jagannath S/o Narayanaswamy P Aged about 32 years R/at 318, Thubarahalli Palya Whitefield Post Bengaluru – 560 066 5. Sri.Y.Vasu S/o Late Yellappa Aged about 38 years R/at 366, Thubarahalli Palya Whitefield Post Bengaluru – 560 066 6. Sri.Shivashankar S/o T.Muniyappa Aged about 37 years R/at 319, Thubarahalli Palya Whitefield Post Bengaluru – 560 066 7. Sri.M.Govindaraju S/o Munikrishnappa Aged about 34 years R/at 336, Thubarahalli Palya Whitefield Post Bengaluru – 560 066 8. Sri.Narendra Jyothi S/o Muniswamappa Aged about 32 years R/at 326, Thubarahalli Palya Whitefield Post Bengaluru – 560 066 9. Sri.Puneeth S/o Gopalappa T Aged about 28 years R/at 323, Thubarahalli Palya Whitefield Post Bengaluru – 560 066 ... Petitioners (By Sri.Rajashekar S., Advocate) And:
1. The State of Karnataka Rep. by its Secretary Department of Revenue M.S.Building Bengaluru – 560 001 2. The Deputy Commissioner Bangalore Urban District Kandaya Bhavan K.G.Road, Bengaluru – 560 002 3. The Assistant Commissioner North Sub-Division Kandaya Bhavan K.G.Road, Bengaluru – 560 002 4. The Thasildar Bengaluru East Taluk K.R.Puram, Bengaluru Urban District 5. Sri.Y.Ganesh S/o Yellappa Aged about 48 years Residing at No.730, 2nd Floor 4th Main, BEML Layout, 6th Stage Thubarahalli, Whitefield Post Bengaluru – 560 066 6. Sri.Y.Sriram S/o Yellappa Aged about 40 years Residing at No.730, 2nd Floor 4th Main, BEML Layout, 6th Stage Thubarahalli, Whitefield Post Bengaluru – 560 066 7. Sri.Muniraj S/o Late Muniswamappa Aged about 42 years Residing at No.332 Thubarahalli Palya, Whitefield Post Bengaluru – 560 066 ... Respondents (Sri.R.Devdas, Principal Government Advocate for respondent Nos.1 to 4 Sri.Jagadeeshachari, Advocate for respondent Nos.5 to 7) ---
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to direct the respondent Nos.2 to 4 herein, by way of writ of mandamus, to act on the representations dated 12.4.2017 at Annexures-A1 to A3, to protect 0-12 guntas of land in survey No.20 of Thubarahalli Palya, Varthur Hobli, Bengaluru East Taluk, which is a ‘Gundutopu’ and government land from being encroached by respondent Nos.5 to 7, herein, and etc.
This petition coming on for preliminary hearing this day, the Chief Justice made the following:
ORDER There is an allegation in the writ petition that there has been an encroachment in 12 guntas of land in survey No.20 of Thubarahalli Palya, Varthur Hobli, Bengaluru East Taluk, which has been a government land. The allegation is against the respondent Nos.5, 6 and 7.
2. Mr.Jagadeeshachari, learned advocate appears for the respondent Nos.5, 6 and 7 and disputes that there has been any encroachment by them.
3. After hearing Mr.Rajashekar S, learned advocate appearing for the writ petitioners, Mr.R.Devdas, learned principal government advocate appearing for the State respondents and Mr.Jagadeeshachari, learned advocate appearing for the respondent Nos.5, 6 and 7, we direct the respondent No.3 to hold a local inspection/investigation to find out as to whether there has been encroachment of the said land or not. Let such enquiry be conducted in presence of all the parties interested in the matter.
4. With the aforesaid direction, the writ petition stands disposed of.
5. We make no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE AHB