IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER 2017 PRESENT THE HON’BLE MR.H.G.RAMESH ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NO.6741/2017 (LB-RES) BETWEEN :
SMT. SUNDARI M. BANGERA W/O LATE MAHABALA BANGERA AGE: 70 YEARS R/AT IDU VILLAGE, KARKALA TALUK UDUPI DISTRICT-576 207 ...APPELLANT (BY SRI SACHIN B.S., ADVOCATE) AND :
1. PANCHAYATH DEVELOPMENT OFFICER IDU GRAMA PANCHAYATH HOSMUR POST KARKALA TALUK UDUPI DISTRICT-574 107 2. CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH UDUPI-574 107 3. EXECUTIVE OFFICER TALUK PANCHAYATH, KARKAL UDUPI-574 107 ...RESPONDENTS THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 10.11.2017 PASSED BY THE LEARNED SINGLE JUDGE IN WP.NO.50520/2017.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT Ag.CJ (Oral):
1. This writ appeal is directed against the order dated 10.11.2017 passed by a learned Single Judge of this Court in Writ Petition No.50520/2017. By the impugned order, the learned Single Judge has dismissed the appellant’s writ petition. In the writ petition, the appellant had challenged the notice dated 15.06.2017 issued by respondent No.1 (Grama panchayat) directing her to remove the illegal construction made by her on the Government land abutting her land.
2. As could be seen from the impugned order, the appellant has encroached on the government land and has put up some construction thereon. The order indicates that the petitioner’s family is an influential family capable of wielding influence on the decisions by the gram panchayath. It is relevant to refer to the following observations made by the learned Single judge at paras 7 and 8:
“7. In these circumstances, the petitioner is not entitled to any relief from this Court. On the contrary, the facts, narrated above shows that on an encroached Government land the Door No.3/85 was allotted to the petitioner during the tenure of her daughter-in-law who being a member of the Gram Panchayath. It indicates that the petitioner’s family is an influential family which would wield an influence on the fair and independent decisions by the Gram Panchayath. Being public representatives, on the contrary they should comply with the law more strictly in an exemplary manner rather than disobey the same. Unless a strong message is sent against such public representatives by the Courts of law there will be no fear of law in them.
8. Therefore, this writ petition is dismissed. The said Gram Panchayath is free to proceed further in accordance with law in pursuance of the impugned Notice Annexure-A dated 15.06.2017 with due expedition.”
3. We find no error in the impugned order warranting interference. The writ appeal is accordingly dismissed. In view of dismissal of the appeal, IA No.1/2017 filed for interim stay also stands dismissed.
Appeal dismissed.
Sd/-
ACTING CHIEF JUSTICE KSR Sd/- JUDGE