IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.28444 OF 2018(GM-RES) BETWEEN:
SMT.SUDHASHREE.S AGED ABOUT 33 YEARS W/O GNANAPRAKASH.P R/AT SITE NO.28, WOODS ENCLAVE-2 TELECOM EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LTD., LAYOUT BILLAMARANAHALLI VILLAGE JALA HOBLI, NOW YELAHANKA TALUK BENGALURU – 560 094.
(BY MR.K.K.VASANTH, ADV.) AND:
1. STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA AMBEDKAR VEEDHI BENGALURU – 560 001.
REPRESENTED BY ITS CHIEF SECRETARY.
2. THE THASILDAR YELAHANKA TALUK YELAHANKA BENGALURU – 560 064.
3. THE REVENUE INSPECTOR JALA HOBLI YELAHANKA TALUK YELAHANKA BENGALURU – 560 064.
(BY MR.Y.D.HARSHA, LEARNED HCGP) … PETITIONER … RESPONDENTS - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS FROM THE RESPONDENTS @ & 3, HEAR THE PARTIES AND DECLARE THAT THE ACT OF THE RESPONDENTS 2 & 3 IN EXCAVATING THE LAND IN FRONT OF THE PETITIONERS’S HOUSE UNDEER THE GUISE OF CONSTRUCTION OF A NEW RAIN WATER CHANNEL AS ILLEGAR AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In this petition, the petitioner is seeking for a writ of mandamus directing the respondent Nos.2 and 3 to restore the excavated land in front of the petitioner’s house to its original position as to enable her to have free ingress and egress to her house.
2. Accordingly, the writ petition is disposed of with a liberty to the petitioner that in case a representation is made with regard to her grievance to the competent authority, the same shall be decided by the competent authority within a period of four months from the date of receipt of such a representation. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS