Veerayya Swamy S/O Basayya Swamy vs The Secretary To Govt.Of Karnataka And ... on 17 January, 2017

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Karnataka High Court

Veerayya Swamy S/O Basayya Swamy vs The Secretary To Govt.Of Karnataka And ... on 17 January, 2017

Bench: A.N. Venugopala Gowda

                           1




            IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH


        DATED THIS THE 17TH DAY OF JANUARY, 2017

                       BEFORE

     THE HON'BLE MR. JUSTICE A.N. VENUGOPALA GOWDA

         WRIT PETITION NO.203527/2016 (LB-RES)

BETWEEN:

VEERAYYA SWAMY
S/O BASAYYA SWAMY
AGE: ABOUT 42 YEARS,
OCC: SOCIAL WORKER
R/O KELLUR VILLAGE
TQ: JEWARGI 585 310
DIST: KALABURAGI
                                          ...PETITIONER
(BY SRI N. KRISHNACHARYA, ADV.)

AND:

1.     THE SECRETARY TO
       GOVT.OF KARNATAKA
       REVENUE DEPARTMENT,
       M.S. BUILDING BENGALURU- 560 001

2.     THE REGIONAL COMMISSIONER,
       KALABURAGI-585 102

3.     THE DEPUTY COMMISSIONER
       KALABURAGI-585 102
                            2




4.   THE CHIEF EXECUTIVE OFFICER,
     ZILLA PANCHAYAT, KALABURAGI-585 102

5.   THE TAHASILDAR
     JEWARGI-585 310
                                       ... RESPONDENTS

(BY SRI A. SYED HABEEB, AGA FOR R1 TO R3 & R5)


     THIS PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE
WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO
CONSIDER THE REPRESENTATION DATED 30/6/16 AS PER
ANNEXURE-G, DIRECTING THEM TO REMOVE AND
DEMOLISH    UNAUTHORIZED      ENCROACHMENT     AND
CONSTRUCTIONS ON THE PUBLIC ROAD AND ALSO ON
THE WAY TO THE EXISTING WELL, VAJIRAMMA DEVI
DEVASTHAN SITUATED AT VILLAGE KELLUR, TQ;
JEWARGI, DIST. KALABURAGI.

     THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:

                        ORDER

A representation submitted by the petitioner to remove the unauthorised constructions and encroachments made on the public road leading to Sri Vajirammadevi Devasthan situated at Kellur, Taluk Jewargi, having not received any attention of respondent No.5, despite the copy being forwarded by the Office of respondent No.3 as per Annexure-J, this petition was filed asking for a 3 mandamus for consideration of a representation submitted vide Annexure-G.

2. Learned AGA by taking instructions from respondent No.5 and the ADLR, present in the Court, submitted that survey work would be undertaken by the ADLR and follow-up action, if found necessary would be taken within a reasonable period.

3. ADLR submitted that with police protection, to be requisitioned and provided by respondent No.5, he would undertake the survey work and submit report to respondent No.5 within two months' period. Respondent No.5 submitted that jurisdictional police would be requested to give protection in the matter of conducting survey by the ADLR. Submissions stand recorded.

As Annexure-G has not received consideration of respondent No.5 and in view of the submission made by the learned AGA and also respondent No.5, petition is disposed of. ADLR shall conduct survey and find out as to whether there is any encroachment and construction made 4 on pubic road leading to Sri Vajirammadevi Devasthan situated at Kellur and submit report to respondent No.5. ADLR shall be provided with the police protection by respondent No.5 by making a requisition to the jurisdictional police. Respondent No.5 shall take follow-up action, if found necessary, within a period of two months from the date, report of ADLR is received.

Petition stands disposed of accordingly.

Sd/-

JUDGE sac*

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Karnataka High Court