Karnataka High Court
Sri K Raveen vs State Of Karnataka on 10 July, 2020
Author: S Vishwajith Shetty
Bench: S.Vishwajith Shetty
WP 8684/2020
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JULY, 2020
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
W.P.No.8684/2020 (GM-RES)
BETWEEN:
1. Sri K.P.Praveen,
S/o Puttamadaiah,
Aged about 42 years,
R/at No.86, Rangappa Road,
Chikkamavalli,
Bengaluru - 560 004.
2. Sri Shivanna,
S/o Basavegowda,
Aged about 46 years,
Bachahalli village,
Maralawadi Hobli,
Kanakapura Taluk,
Ramanagara District - 571 511. ... PETITIONERS
(By Sri Kumar.J.C., Adv.)
AND:
1. State of Karnataka,
Revenue Department,
M.S.Building,
Bengaluru - 560 001,
Represented by its
Principal Secretary.
2. The Deputy Commissioner,
Ramanagara District,
Ramanagara - 571 511.
WP 8684/2020
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3. The Superintendent of Police,
Ramanagara District,
Ramanagara - 571 511.
4. The Tahasildar,
Kanakapura Taluk,
Ramanagara District - 571 511. ... RESPONDENTS
(By Smt. Savithramma, HCGP)
This writ petition is filed under Articles 226 & 227 of the
Constitution of India, praying to direct respondents 2 to 4 to
consider the representations dated 03.02.2020, 20.02.2020 &
18.05.2020 vide Annexures-A to C, respectively.
This petition coming on for Preliminary Hearing, this day,
the Court made the following:
ORDER
1. Learned High Court Government Pleader takes notice for the respondents.
2. Petitioners have approached this Court seeking writ of mandamus to direct respondents 2 to 4 to consider the representations dated 03.02.2020, 20.02.2020 & 18.05.2020 at Annexures-A to C, respectively.
3. Learned Counsel for the petitioners submits that the wife of petitioner no.1 is the owner of land bearing Sy. WP 8684/2020 3 Nos.21/1 & 22/2 and petitioner no.2 is the owner of land bearing Sy. No.21/4 of Bachahalli village, Maralawadi Hobli, Kanakapura Taluk, and in order to have ingress and egress from the respective lands, the petitioners are using the Government Channel Road which is running between the lands bearing Sy. Nos.31, 23, 22, 20, 21, 32 & 33 of M.Maniyambal Dakle, Bachahalli village, Maralavadi Hobli, Kanakapura Taluk. Learned Counsel for the petitioners submits that one Shivaraja and Mahadevappa who are the children of Maramma are blocking their way by encroaching Sy. No.31/2, and therefore, in this regard petitioners have submitted their representations as per Annexures-A to C to respondents 2 to 4, with a prayer to remove the obstruction. It is the case of the petitioners that the said representations are not considered by the respondents, and therefore, they have been constrained to approach this Court in this writ petition.
4. Smt. Maramma has filed O.S.No.94/2020 before the Court of Civil Judge, Kanakapura, as against petitioner no.1 herein seeking a decree of permanent injunction in WP 8684/2020 4 respect of Sy. No.31/2 measuring 3 acres 36 guntas situated at Bachahalli, Maralawadi Hobli, Kanakapura Taluk. Copy of the plaint in the said suit is produced at Annexure-J. The parties are already before the Civil Court, and therefore, their rights, if any, are required to be adjudicated in the civil suit which is already pending before the jurisdictional civil court. Having regard to the facts and circumstances of the case, petitioners are not entitled for the relief sought for by them in the present writ petition. Hence, this writ petition is rejected.
Sd/-
JUDGE KK