IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No. 50395/2019 (LB-RES) Between:
Smt. Subbulakshmi Devi, W/o Mahadeva Swamy, Aged about 49 years, #66/1, Nayak’s Street, Chamundi Hill, Mysore Taluk, Mysore District. … Petitioner (By Sri Sridhar A.G., Advocate) And:
1. The Grama Panchayath, Chamundi Hill, Mysuru – 570 010, Represented by its Panchayath Development Officer (PDO), Mysuru – 570 001.
2. The Taluk Panchayat, Mysuru District, Mysuru – 570 004, Represented by its Executive Officer (EO) 3. The Zilla Panchayath, Mysuru – 570 004 Represented by its Chief Executive Officer (CEO).
4. The Executive Officer, Sri Chamundeshwari Temple, Chamundi Betta, Mysuru – 570 010.
5. The Deputy Commissioner, Mysuru District, Mysuru – 570 001.
6. Government of Karnataka, Vidhana Soudha, Bengaluru – 560 001 Represented by its Chief Secretary.
7. Sri Eshwara, S/o Late Chikkaiah @ Bettada Chikkaiah, Aged about 74 years, R/at No.780, 3rd Cross, Nala Street, Sunnada Keri, K.R. Mohalla, Mysore – 570 001.
8. Chamundeshwari Electricity Supply Corporation Ltd., Mysore Chamundipuram Sub-Division, Mysore – 570 001 Represented by its Assistant Executive Engineer (V).
9. Vani Vilasa Water Supply Board, Sub-Division, Yadavagiri, Mysore – 570 001, Represented by its Assistant Executive Engineer. … Respondents (By Sri B.J. Somayaji, Advocate for R1 to R4; Smt. Prathima Honnapura, AGA for R5 & R6) This Writ Petition is filed under articles 226 and 227 of the Constitution of India, praying to direct the R-1 to R6 not to evict/vacate the petitioner from their schedule property and etc.
This Writ Petition coming on for preliminary hearing this day, the Court, made the following:
ORDER Petitioner claims to be in possession and enjoyment of the immovable property bearing katha No.497, Assessment No.381, measuring to an extent of East to West - 30 feet and North to South – 15 feet, situated at Chamundi Hill, Mysuru Taluk. It is further submitted that rights in property are acquired by virtue of a gift deed executed by her father-in-law on 19.08.2009. It is submitted that the mother-in-law of the petitioner was paying tax to the grama panchayat and subsequently the tax was paid in the name of father-in- law of the petitioner. Copies of tax receipts are produced.
2. Petitioner has filed the present writ petition apprehending that action would be initiated by respondents 1 to 6 to evict the petitioner from the schedule property. Petitioner submits that this apprehension arises from existing litigations between the petitioner and respondent No.7. Though no notice is served yet on respondent No.7, in light of the relief sought being primarily as against respondents 1 to 6, without awaiting service of notice on respondent No.7 matter is taken up for final disposal by consent of parties.
3. Learned Additional Government Advocate appearing for respondents 5 and 6 files a memo along with a communication dated 07.11.2019 addressed by the Tahsildar which would indicate that the property of the petitioner is a private property and for the present, there is no intention to initiate any proceedings against the petitioner either by the Revenue Department or by the Authorities under the Rural Development and Panchayatraj Department or Muzrai Department.
4. Learned counsel appearing for respondents 1 to 4 submits that action, if any against the petitioner would be taken in accordance with law and that there is no objective reason for the apprehension being made out in the present petition.
5. Taking note of the submission of learned counsel for respondents 1 to 4 as well as the submission of the learned Additional Government Advocate, no further orders are required to be passed while making it clear that any action by respondents 1 to 6 would be strictly in accordance with law while noticing that possession of the petitioner is not in dispute.
Accordingly, petition is disposed off subject to the above observations.
Sd/- JUDGE VP