Karnataka High Court
Smt Vijayalakshmi C Ullal vs The Commissioner on 27 June, 2024
Author: H.T. Narendra Prasad
Bench: H.T. Narendra Prasad
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NC: 2024:KHC:23915
WP No. 21848 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD
WRIT PETITION NO. 21848 OF 2022 (LB-RES)
BETWEEN:
SMT VIJAYALAKSHMI C ULLAL
W/O LATE CHIDANANDA ULLAL
AGED ABOUT 70 YEARS
NO.362/2, SAI ANUGRUHA
NEAR ALLALASANDRA MAIN ROAD
JUDICIAL LAYOUT, POST GKVK
BENGALURU 560065. ...PETITIONER
(BY SRI. CHANDRANATH ARIGA K.,ADVOCATE)
AND:
1. THE COMMISSIONER
MANGALORE MAHANAGRA PALIKE,
BALLALBAGH, MANGALORE 575003.
2. DAKSHINA KANNADA NIRMITHI KENDRA
Digitally signed by NITK, SRINIVASNAGAR
HEMALATHA A
A GOVT OF KARNATAKA UNIT
Location: HIGH
COURT OF SURATHKAL, MANGALURU
KARNATAKA REP.BY THE DEPUTY COMMISSIONER
DK DISTRICT-575025.
3. VINAYANETRA DADDALKAD
S/O DEVENDRA
AGED ABOUT 44 YEARS
4. D PRASANNA
S/O LATE D SRIDHARA
AGED MAJOR
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NC: 2024:KHC:23915
WP No. 21848 of 2022
5. GANAPATHI KATTE SEVASAMITHI
REP. VINAYANETRA DADDALKAD R3
R3 TO R5 ARE R/AT DADADALKAD
DEREBAIL, POST ASHOK NAGAR
MANGALORE-575006. ...RESPONDENTS
(BY SRI. PAVANA CHANDRA SHETTY H.,ADVOCATE FOR R1:
SMT B SUKANYA BALIGA, AGA FOR R2:
NOTICE TO R3 TO R5 ARE SERVED & UNREPRESENTED)
THIS WRIT PETITION IS FILED UDNER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R1 TO TAKE ACTION FOR REMOVAL OF THE
UNAUTHORIZED CONSTRUCTION OPPOSITE THE PROPERTY OF
THE PETITIONER DESCRIBED IN THE SCHEDULE AND DIRECT
THE R1 TO STOP ALL ILLEGAL CONSTRUCTION OVER THE
PUBLIC STREET OPPOSITE TO THE SCHEDULE PROPERTY AT
KSRTC-KOTTARA ROAD AT MANGALORE AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This writ petition is filed under Articles 226 & 227 of the Constitution of India seeking the following reliefs:
"(i) Directing the respondent No.1 to take action for removal of the unauthorized construction opposite the property of the petitioner described in the schedule.
(ii) Directing the respondent No.1 to stop all illegal construction over the public street opposite to the schedule property at KSRTC-Kottara road at Mangalore.-3-
NC: 2024:KHC:23915 WP No. 21848 of 2022
(iii) Direct the respondent No.1 to maintain the public street opposite to the schedule property at KSRTC-Kottara road at Mangalore without any construction, obstruction."
2. The case of the petitioner is that the petitioner is the owner of the land bearing Sy.No.101 J, measuring 0.50 cents of Derebail village, Mangalore Taluk. In between the petitioner's property and the KSRTC main road, there is vacant land belonging to the first respondent
- Corporation. The respondent Nos. 3 to 5 have illegally put up construction on the land, which belongs to the first respondent. Therefore, the petitioner gave a representation to the first respondent vide Annexure-E on 14.10.2022. Inspite of that, the first respondent has not taken any action. Therefore, the petitioner is before this Court.
3. The learned counsel appearing for the first respondent submits that the representation submitted by the petitioner will be considered in accordance with law -4- NC: 2024:KHC:23915 WP No. 21848 of 2022 and the decision of the Corporation will be communicated to the petitioner.
4. Since the representation submitted by the petitioner vide Annexure-E dated 14.10.2022 to the first respondent is pending and no action has been taken, it is suffice for this Court to direct the first respondent to consider the representation submitted by the petitioner in accordance with law and as expeditiously as possible, not later than three months from the date of receipt of a copy of this order. If it is found that respondent Nos. 3 to 5 have encroached the property of the first respondent, the first respondent is directed to remove the encroachment.
5. With the above observations, the writ petition stands disposed of.
Sd/-
JUDGE CM List No.: 1 Sl No.: 71