Karnataka High Court
Sri Karunakara vs The Deputy Commissioner on 8 November, 2023
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NC: 2023:KHC:40056
WP No. 24428 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
WRIT PETITION NO. 24428 OF 2023 (KLR-RES)
BETWEEN:
SRI. KARUNAKARA,
S/O LATE DHARMANNA BANDARY,
AGED ABOUT 51 YEARS,
R/AT ADELU HOUSE,
KUVETTU VILLAGE,
BELTHANGADY TALUK,
DAKSHINA KANNADA - 574 217.
...PETITIONER
(BY SRI. SHIVARAMA BHAT O, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER,
MANGALURU,
Digitally signed by
DAKSHINA KANNADA - 575 001.
ARUN KUMAR M S
Location: High
Court of Karnataka 2. THE ASSISTANT COMMISSIONER,
PUTTUR SUB DIVISION,
PUTTUR - 574 201.
3. THE TAHSILDAR,
BELTHANGADY TALUK,
DAKSHINA KANNADA - 574 217.
4. THE REVENUE INSPECTOR,
BELTHANGADY TALUK,
DAKSHINA KANNADA - 574 217.
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NC: 2023:KHC:40056
WP No. 24428 of 2023
5. SRI. RAMESH GOWDA,
S/O RAJAPPA GOWDA,
AGED ABOUT 39 YEARS,
R/AT 'PRAKRUTHI NIVASA',
PANAJALU, KUVETTU VILLAGE,
GURUVAYANAKERE POST,
BELTHANGADY TALUK,
DAKSHINA KANNADA - 574 217.
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R3 TO
CONSIDER THE REPRESENTATION OF THE PETITIONER DATED
21.10.2023 VIDE ANNEXURE-A BY DIRECTING THE R3 AND 5
TO REMOVE THE STONE AND MUD DUMPED IN THE WATER
CHANNEL PASSING THROUGH IN SY.NO28/1A3 SITUATED AT
KUVETTU VILLAGE, BELTHANGADY TALUK, DAKSHINA
KANNADA DISTRICT FAILING WHICH DIRECT THE R3 TO TAKE
THE POLICE HELP AND REMOVE THE OBSTRUCTION CAUSED
TO THE AFORESAID WATER CHANNEL AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC:40056
WP No. 24428 of 2023
ORDER
Learned Additional Government Advocate accepts notice for the respondents.
2. In this writ petition the relief sought for by the petitioner is with regard to consideration of the representation dated 21.10.2023 (Annexure-A) made by the petitioner to the respondent Nos.3 and 5 to remove the stone and mud dumped in the water channel passing through in Sy No.28/1A3 situated at Kuvettu village, Belthangady Taluk, Dakshina Kannada District.
3. It is the case of the petitioner that the petitioner and the fifth respondent herein are the neighbors and they are enjoying respective land including their Khumki rights in respect of the land in question. It is the grievance of the petitioner that there is a water channel passing through the land belonging to the petitioner and the fifth respondent, which is a Government Parambok Land and the said water channel is being used for the purpose of flowing water during the rainy season. -4-
NC: 2023:KHC:40056 WP No. 24428 of 2023 It is stated in the writ petition that, the petitioner has earlier approached this Court in WP No.7146/2023 and this Court passed an order dated 20.06.2023 (Annexure-F) directed the third and forth respondent herein to implement the Order dated 01.07.2020 (Annexure-D) within the time frame. Despite the order passed by this Court, the fifth respondent herein is interfering with the water channel and therefore, the petitioner has presented this petition.
4. I Heard Sri.Shivarama Bhat, learned counsel appearing for the petitioner and Sri.Mohammed Jaffar Shah, learned Additional Government Advocate appearing for the respondent Nos.1 to 4.
5. Sri.Shivarama Bhat, learned counsel appearing for the petitioner contended that the fifth respondent herein has no right to close the drain in between the petitioner and the fifth respondent herein and it is the statutory duty of the third respondent herein to remove the stone in the channel in terms of the direction issued by -5- NC: 2023:KHC:40056 WP No. 24428 of 2023 this Court in WP No.7146/2023 disposed on 20.06.2023 (Annexure-D). He further argued that the matter is not civil in nature and the respondent authority herein are to be directed to implement the order passed by this Court as per Annexure-F. Accordingly, he sought for consideration of the representation produced at Annexure-A to the writ petition.
6. Per contra, Sri.Mohammad Jaffar Shah, learned Additional Government Advocate submitted that, the matter is of civil in nature and the writ petition cannot be entertained under article 226 of the Constitution of India.
7. In the light of the submission made by the learned counsel for appearing for the parties and on careful examination of the order dated 20.06.2023 in WP No.7146/2023 (Annexure-F), this Court has directed the respondent authorities to implement the order dated 01.07.2022 (Annexure-D) in the said petition.
8. On careful examination of the order passed by this Court, the averments made in the representation -6- NC: 2023:KHC:40056 WP No. 24428 of 2023 sought to be implemented by the third respondent No.3 which reads as hereunder:
"DzÀgÉ £Á£ÀÄ Hj£À°è E®èzÀ ¸ÀªÀÄAiÀĪÀ£ÀÄß £ÉÆÃrPÉÆAqÀÄ J¢æzÁgÀ gÀªÉÄñï UËqÀ gÀªÀgÀÄ ¥ÀÄ£À:: PÉA¥ÀÄ PÀ®Äè ªÀÄvÀÄÛ ªÀÄtÚ£ÀÄß vÀÄA©¹ vÉÆÃqÀ£ÀÄß ªÀÄÄaÑgÀÄvÁÛgÉ. ºÁUÀÆ eɹ© AiÀÄAvÀæzÀ ªÀÄÆ®PÀ £À£Àß PÀA¥ËAqÀÄ MqÉzÀÄ PÉqÀ«gÀÄvÁÛgÉ ºÁUÀÆ D ¸ÀܼÀzÀ°èzÀÝ ªÀÄgÀªÀ£ÀÄß zÀÆr ºÁQgÀÄvÁÛgÉ ªÀÄ¼É ¤ÃgÀÄ ºÀjzÀÄ ºÉÆÃUÀ®Ä HfðvÀ«zÀÝ vÉÆÃqÀ£ÀÄß ¥ÀÄ£À:
¸ÀA¥ÀÆtðªÁV ªÀÄÄaÑ ªÀiÁ£Àå GZÀÑ £ÁåAiÀiÁ®AiÀÄzÀ DzÉñÀªÀ£ÀÄß J¢æzÁgÀ gÀªÉÄñï UËqÀ G®èAX¹gÀĪÀÅzÀjAzÀ EªÀgÀ ªÉÄÃ>É ¸ÀÆPÀÛ PÁ£ÀÆ£ÀÄ PÀæªÀÄ PÉÊUÉÆAqÀÄ vÉÆÃrUÉ vÀÄA©¹gÀĪÀ PÉA¥ÀÄ PÀ®Äè ªÀÄvÀÄÛ ªÀÄtÚ£ÀÄß vÉgÀªÀÅ ªÀiÁr¹ ¸ÀgÁUÀªÁV ¤ÃgÀÄ ºÀjzÀÄ ºÉÆÃUÀĪÀAvÉ ªÀiÁrPÉÆqÀ¨ÉÃPÁV PÉýPÉƼÀÄîvÉÛãÉ."
9. The petitioner has averred in the writ petition that the compound wall belonging to the petitioner has been destroyed by the fifth respondent herein. In that view of the matter, I am of the view that the disputed question of the facts are involved in the writ petition. In the event, if the petitioner is deprived of the civil rights by the fifth respondent, it is open for the petitioner to approach the competent Civil Court for redressal of his grievance.
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NC: 2023:KHC:40056 WP No. 24428 of 2023
10. Accordingly, the writ petition is dismissed.
SD/-
JUDGE KBM List No.: 1 Sl No.: 39 CT: BHK