Karnataka High Court
S.M.Praveen Kumar vs State Of Karnataka on 31 July, 2023
Author: R Devdas
Bench: R Devdas
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NC: 2023:KHC:26641
WP No. 22930 of 2021
C/W WP No. 9311 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 22930 OF 2021 (LA-RES)
C/W
WRIT PETITION NO. 9311 OF 2022 (LA-RES)
IN WP 22930/2021
BETWEEN:
1. S.M.PRAVEEN KUMAR
S/O LATE S P MANGILAL,
AGED ABOUT 57 YEARS,
C/O S P OSWAL AND CO.
B M ROAD, SAKALESHPUR 573134,
HASSAN DISTRICT
Digitally signed
by JUANITA 2. S M ANANDRAJ
THEJESWINI
S/O LATE S P MANGILAL,
Location: HIGH
COURT OF AGED ABOUT 61 YEARS,
KARNATAKA
C/O ANAND JEWELERS,
B M ROAD, SAKALESHPUR 573134,
HASSAN DISTRICT
3. S V GYANCHAND JAIN
S/O LATE S P VASTIMAL,
AGED ABOUT 58 YEARS,
C/O SURAJ JEWELERS
B M ROAD, SAKALESHPUR 573134,
HASSAN DISTRICT
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WP No. 22930 of 2021
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4. SHANTHI BAI
W/O RIKHABCHAND,
AGED ABOUT 71 YEARS,
C/O GANESH JEWELERS,
B M ROAD, SAKALESHPUR 573134,
HASSAN DISTRICT
5. S N SUNIL KUMAR
S/O LATE NANDARAM,
AGED ABOUT 47 YEARS,
B M ROAD, SAKALESHPUR 573134,
HASSAN DISTRICT
6. MAHENDRA KUMAR
S/O LATE VIRDICHAND,
AGED ABOUT 52 YEARS,
B M ROAD, SAKALESHPUR 573134,
HASSAN DISTRICT
7. M DINESH KUMAR
S/O LATE MOHANLA,
AGED ABOUT 46 YEARS,
B M ROAD, SAKALESHPUR 573134,
HASSAN DISTRICT
8. MANGAL KUMAR
S/O LATE AMRUTHLAL,
AGED ABOUT 45 YEARS,
B M ROAD, SAKALESHPUR 573134,
HASSAN DISTRICT
9. MANGAL KUMAR
S/O LATE AMRUTHLAL,
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NC: 2023:KHC:26641
WP No. 22930 of 2021
C/W WP No. 9311 of 2022
AGED ABOUT 45 YEARS,
B M ROAD, SAKALESHPUR 573134,
HASSAN DISTRICT
10. SANTOSH KUMAR
S/O LATE MOHANLAL,
AGED ABOUT 55 YEARS,
B M ROAD, SAKALESHPUR 573134,
HASSAN DISTRICT
11. MANGILAL
S/O LATE DALICHAND,
AGED ABOUT 71 YEARS,
B M ROAD, SAKALESHPUR 573134,
HASSAN DISTRICT
12. KAMALA BAI
W/O LATE T VASTIMAL,
AGED ABOUT 72 YEARS,
B M ROAD, SAKALESHPUR 573134,
HASSAN DISTRICT
13. S N SATYANARAYAN GUPTA
S/O LATE A M NAGRAJ SHETTY,
AGED ABOUT 71 YEARS,
B M ROAD, SAKALESHPUR 573134,
HASSAN DISTRICT
14. A N KATHIK
S/O LATE M P NAGESH,
AGED ABOUT 50 YEARS,
NO 964/873/A, B M ROAD,
SAKALESHPUR 573134,
HASSAN DISTRICT
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WP No. 22930 of 2021
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15. M MADHAVACHAR
S/O LATE SHANKRACHARYA,
SINCE DEAD REP BY HIS SON
M HARISHACHAR,
AGED ABOUT 62 YEARS,
B M ROAD, SAKALESHPUR 573134,
HASSAN DISTRICT
16. S PRAKASHCHAND
S/O LATE SUKANRAJ,
AGED ABOUT 66 YEARS,
B M ROAD, SAKALESHPUR 573134,
HASSAN DISTRICT
17. M RAJMAL
S/O MANGILA,
AGED ABOUT 38 YEARS,
B M ROAD, SAKALESHPUR 573134,
HASSAN DISTRICT
18. TEJRAJ
S/O LATE MEGHRAJ,
AGED ABOUT 65 YEARS,
B M ROAD, SAKALESHPUR 573134,
HASSAN DISTRICT
19. DULRAJ
AGED ABOUT 60 YEARS,
B M ROAD, SAKALESHPUR 573134,
HASSAN DISTRICT
20. SURESHKUMAR
AGED ABOUT 60 YEARS,
B M ROAD, SAKALESHPUR 573134,
HASSAN DISTRICT
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WP No. 22930 of 2021
C/W WP No. 9311 of 2022
21. STEEVAN D SOUZA
S/O L M D SOUZA,
AGED ABOUT 54 YEARS,
3833/A, 3487/A, B M ROAD,
SAKALESHPUR 573134
22. SUNILKUMAR
AGED ABOUT 35 YEARS,
B M ROAD, SAKALESHPUR 573134,
HASSAN DISTRICT
23. ABDUL KHADAR
S/O LATE PUTHUBA,
AGED ABOUT 46 YEARS,
B M ROAD, SAKALESHPUR 573134,
HASSAN DISTRICT
24. BALA KRISHNA
S/O L CHOTA LAL,
AGED ABOUT 66 YEARS,
B M ROAD, JAIHIND BUILDING,
SAKALESHPUR 573134,
HASSAN DISTRICT
25. S M RAJASHEKAR SETTY
S/O LATE S MANJAPPA SETTY,
AGED ABOUT 71 YEARS,
B M ROAD, NEAR POST OFFICE,
SAKALESHPUR 573134,
HASSAN DISTRICT
26. SHAKEEL U R REHMAN
S/O B M MOHAMMED SHAFEE,
AGED ABOUT 57 YEARS,
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NC: 2023:KHC:26641
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937/A/A1/849/A, B M ROAD,
SAKALESHPUR 573134,
HASSAN DISTRICT
27. B M MOHAMMED
S/O LATE B MOSABBA,
AGED ABOUT 53 YEARS,
937/E/849/E, B M ROAD,
SAKALESHPUR 573134,
HASSAN DISTRICT
28. K C JALAJAKSHI
W/O LATE H K THAMME GOWDA,
AGED ABOUT 83 YEARS,
KARIGOWDA BUILDING,
B M ROAD,SAKALESHPUR 573134,
HASSAN DISTRICT
29. H S DHARMARAJ
S/O SHIVALINGAPPA,
AGED ABOUT 47 YEARS,
BRAHMANARA BEEDHI (HOLE BEEDHI)
SAKALESHPUR TOWN 573134,
HASSAN DISTRICT
30. B SAMUEL
SINCE DEAD BY LRS,
STEPHEN, S/O SAMUEL,
AGED ABOUT 47 YEARS,
B M ROAD,SAKALESHPUR 573134,
HASSAN DISTRICT
31. H S SURYANARAYANA SHETTY
S/O LATE H S SRINIVAS SHETTY,
AGED ABOUT 70 YEARS,
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SRI SRINIVASA STORES,
B M ROAD,SAKALESHPUR 573134,
HASSAN DISTRICT
32. H S RADHAKRISHNA
S/O LATE H S SRINIVAS SHETTY,
AGED ABOUT 65 YEARS,
SRI SRINIVASA STORES, B M ROAD,
SAKALESHPUR 573134,
HASSAN DISTRICT
33. H S BALAJI
S/O LATE H S SRINIVAS SHETTY,
AGED ABOUT 60 YEARS,
SRI SRINIVASA STORES,
B M ROAD,SAKALESHPUR 573134,
HASSAN DISTRICT
34. VIJAYRAJ
S/O LATE T SOHAN RAJ,
NO 301, VINOBA ROAD,
SAKALESHPUR 573134,
HASSAN DISTRICT
35. SMT D M SHEELA
W/O Y M SUDHAKAR,
AGED ABOUT 69 YEARS,
GANESH CLINIC,
B M ROAD,SAKALESHPUR 573134,
HASSAN DISTRICT
36. DHANMAL NAHAR
S/O LATE JEEVARAJ,
AGED ABOUT 64 YEARS,
D NO 2, B M ROAD,
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WP No. 22930 of 2021
C/W WP No. 9311 of 2022
SAKALESHPUR 573134,
HASSAN DISTRICT
37. H S SUBBA SETTY
SINCE DEAD BY LRS
SRIDHAR,
S/O SUBBA SETTY,
AGED ABOUT 45 YEARS,
P B NO 11, B M ROAD,
SAKALESHPUR 573134,
HASSAN DISTRICT
38. H S SUBBAMMA
W/O LATE BYREGOWDA,
AGED ABOUT 90 YEARS,
DEVALADAKERE
SAKALESHPUR 573134,
HASSAN DISTRICT
39. VASEEM PASHA
S/O MUSTHAQ AHAMAD,
AGED ABOUT 38 YEARS,
952/862, B M ROAD,
SAKALESHPUR 573134,
HASSAN DISTRICT
40. ASIA BEGUM
W/O LATE B F MUKTHIR AHMED,
AGED ABOUT 66 YEARS,
3767/3424, B M ROAD,
SAKALESHPUR 573134,
HASSAN DISTRICT
41. B UMENDRA
S/O LATE BYREGOWDA,
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AGED ABOUT 52 YEARS,
GANESH XEROX BUILDING,
B M ROAD, SAKALESHPUR 573134,
HASSAN DISTRICT
42. S M PRAVEEN KUMAR
S/O LATE S R MANJUNATH,
AGED ABOUT 36 YEARS,
SHANKARI COMPLEX,
OPP SIDDEGOWDA PRIMARY SCHOOL,
B M ROAD,SAKALESHPUR 573134,
HASSAN DISTRICT
...PETITIONERS
(BY SRI. PAVANA CHANDRA SHETTY H., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP BY ITS SECRETARY TO
PUBLIC WORKS DEPARTMENT,
M S BUILDING, BANGALORE 560001
2. THE DEPUTY COMMISSIONER
HASSAN DISTRICT,
HASSAN 573201
3. ASSISTANT COMMISSIONER AND
LAND AZQUISITION OFFICER,
SAKALESHPUR SUB DIVISION,
SAKALESHPUR 573134
4. EXECUTIVE ENGINEER
KARNATAKA PUBLIC WORKS,
PORTS AND INLAND WATER
TRANSPORT DEPARATMENT,
SAKALESHPUR SUB DIVISION,
SAKALESHPUR 573201
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WP No. 22930 of 2021
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5. TAHSILDAR
SAKALESHPUR TALUK,
SAKALESHPUR 573201
6. CHIEF OFFICER
SAKALESHPUR TOWN MUNICIPALITY,
SAKALESHPUR 573134,
HASSAN DISTRICT
7. NATIONAL HIGHWAY AUTHORITY OF INDIA
MINISTRY OF ROAD AND HIGHWAYS,
GOVERNMENT OF INDIA,
REGIONAL OFFICE SY NO 13, 14TH KM,
NEAR DEEPAK BUS STOP,
NAGASANDRA, M S RAMAIAH ENCLAVE,
BENGALURU TUMKUR ROAD, (NH-4)
BENGALURU 560073
...RESPONDENTS
(BY SRI. SRIDHAR N HEGDE, AGA FOR R1 TO R5
SRI. RAKSHITHA D.J., ADVOCATE FOR R6
SRI. B.V. PRAKASHA ANGADI, ADVOCATE FOR R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER PASSED BY THE R2 DEPUTY
COMMISSIONER, HASSAN DISTRICT IN PROCEEDINGS VIDR
ORDER DATED 07.10.2021 PRODUCED AS ANNEXURE-A AND
ETC.
IN W.P.NO.9311/2022
BETWEEN
1 . SRI. SHOP SHASHI KUMAR
AGED 64 YEARS
S/O SHOP SHIVAPPA
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WP No. 22930 of 2021
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R/O JANAKERE VILLAGE
ARAKERE POST
SAKLESHPURA 573134
HASSAN DIST
2 . SMT SUPRIYA A S
AGED 40 YEARS
W/O LT B G KUMARASWAMY
D/O A P SHIVARAJ AND A S BHARATHI
R/AT NO 101/E, 16TH MAIN
VIJAYANAGARA
BENGALURU 560040
...PETITIONERS
(BY SRI. T P SATISHCHANDRA KUMAR, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY
PUBLIC WORKS DEPARTMENT
M S BUILDING
BENGALURU 560001
2. THE DEPUTY COMMISSONER
HASSAN DIST
HASSAN 573201
3. THE ASSISTANT COMMISISONER AND
LAND ACQUISITON OFFICER
SAKALESHPURA SUB DIVISON
SAKALESHPURA 573134
HASSAN DIST
4. THE EXECUTIVE ENGINERER
KARNATAKA PUBLIC WORKS PORTS AND
INLAND WATER TRANSPORT DEPARTMENT
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SAKALESHPURA SUB DIVISON
HASSAN 573201
5. THE TAHSILDAR
SAKALESHPURA TQ
SAKALESHPURA 573201
6. THE CHIEF OFFICER
SAKALESHPURA TOWN MUNCIPALAITY
SAKALESHPURA 573134
HASSAN DIST
7. THE NATIONAL HIGH WAY AUTHORITY OF INDIA
MINISTRY OF ROAD AND HIGHWAYS
GOVERNMENT OF INDIA
REGIONAL OFFICE
SY NO 13, 14KMS
NEAR DEEPASK BUS STOP
NAGASANDRA
M S RAMAIAH ENCLAVE
BENGALURU
TUMKURU ROAD (NH-4)
BENGALURU 560073
...RESPONDENTS
(BY SRI. SRIDHAR N HEGDE, AGA FOR R1 TO R5
SMT. RAKSHITHA D.J., ADVOCATE FOR R6
SRI. B.V. PRAKASHA ANGADI, ADVOCATE FOR R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER PASSED BY THE R2/DEPUTY
COMMISSIONER, HASSAN DISTRICT, IN PROCEEDINGS/CASE
VIDE ORDER DTD 01.10.2021 PRODUCED AS ANNEXURE-A.
THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY
HEARING 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
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ORDER
R.DEVDAS J., (ORAL):
The petitioners, who are residents of the properties adjoining the Bengaluru-Mangaluru National Highway-48, within municipality limits of Sakaleshapura Town Municipal Council, were earlier before this Court in W.P.No.30738- 30757/2018 and connected matters, complaining about the highhanded action on the part of the Officers of the Town Municipal Council, Assistant Commissioner and etc., in demolishing the compound wall and portions of the buildings on the premise that the petitioners have encroached upon the public properties.
2. This Court by order dated 14.01.2019 held that even if the contention of the respondent-authorities regarding the alleged encroachment of the petitioners on the public road is accepted, even then it would be incumbent upon the municipality to follow the provisions contained in Section 82 of the Karnataka Municipalities Act, 1986 (hereinafter referred to as 'the Act', for short) before proceeding to demolish the buildings/structures.
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3. Learned Counsel for the petitioners submits that this Court came down heavily upon the officers of the Municipality and directed that an enquiry shall be conducted and guilty officials shall be held responsible for the damages caused to the buildings of the petitioners and they shall be liable to pay for such damages and while recovering such amounts from such officials, adverse entry shall also be made in the Service Registers of such officials.
4. This Court directed the Deputy Commissioner, Hassan District to conduct an enquiry under Section 82 of the Act and proceed in accordance with law. Consequently, the impugned order dated 07.10.2021 at Annexure-A has been passed by the Deputy Commissioner, Hassan District.
5. Learned Counsel for the petitioners submits that the Deputy Commissioner has not followed the directions issued by this Court. It is clear from the plain reading of the impugned order that although the petitioners had
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NC: 2023:KHC:26641 WP No. 22930 of 2021 C/W WP No. 9311 of 2022 submitted all the documents of title to show their legitimate ownership and possession of their respective properties, the Deputy Commissioner has not looked into the documents of title. The Deputy Commissioner has simply gone on the basis of a Government Circular dated 22.12.2005 and subsequent Government Circular dated 23.09.2016, which purportedly prescribe the building lines in the State Highways and National Highways.
6. Learned Counsel submits that the Deputy Commissioner has failed to appreciate the contentions raised by the petitioners who had alleged that in the guise of widening of the road, the officials of the Municipality had proceeded to demolish the compound walls and buildings put up by the petitioners.
7. Per contra, learned Additional Government Advocate would point out from the impugned order to submit that the Deputy Commissioner has found that many of the residents of the properties abutting the road in question had voluntarily given up their claim and
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NC: 2023:KHC:26641 WP No. 22930 of 2021 C/W WP No. 9311 of 2022 accepted the fact that they had encroached upon the public property. It is also sought to be submitted that the Deputy Commissioner did not find any highhanded action on the part of the officials of the Municipality.
8. Having heard the learned Counsel for the petitioners, the learned Additional Government Advocate, learned Counsel for the respondent-Municipality and on perusing the petition papers, this Court finds that the impugned order passed by the Deputy Commissioner, is not in compliance of the directions issued by this Court in its earlier order dated 14.01.2019 in W.P.Nos.30738- 30757/2018 and connected matters. The prime requirement of the investigation that was to be made at the hands of the Deputy Commissioner was to find out as to whether the petitioners had encroached upon public property. For this purpose, the Deputy Commissioner was required to look into the title deeds of the writ petitioners.
9. Nothing has been stated in the impugned order regarding the title deeds of the petitioners. Therefore, it is clear that the Deputy Commissioner has simply proceeded
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NC: 2023:KHC:26641 WP No. 22930 of 2021 C/W WP No. 9311 of 2022 on the basis of two Government Circulars of the year 2005 and 2016, which only prescribe the building lines of the State Highways and National Highways. It is therefore clear that the impugned order cannot be sustained. For the same reason, the opinion of the Deputy Commissioner regarding the innocence of the officials also cannot be accepted. It is a fact that even before the petitioners approached this Court in the year 2018 in the previous writ petitions, the officials of the Municipality had highhandedly demolished several of the structures belonging to the petitioners, on the premise that they had encroached upon the public property. Prima facie, it is clear that the exercise of demolishing of the structures was not preceded by any enquiry that was to be conducted in accordance with law, even if there was an allegation of encroachment on public property. Nevertheless, in order to give a second chance, this Court had directed the Deputy Commissioner to conduct an enquiry in terms of Section 82 of the Act.
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10. During the course of these proceedings, it is now brought to the notice of this Court that a bye-pass road has been formed and there may not be any requirement of widening of the road that was earlier intended. However, the action on the part of the respondent-Municipality in demolishing the structures of the writ petitioners was already noticed by this Court in the previous order and there was a direction issued to assess the damages and fix the responsibility on the concerned Officers. Therefore, even if there is no requirement of the widening of the road, it does not redress the grievance of the petitioners.
11. Consequently, the writ petitions are allowed. The impugned order dated 07.10.2021 at Annexure 'A' is hereby quashed and set aside. The matter is remitted back to the Deputy Commissioner, Hassan District, with a specific direction that the Deputy Commissioner shall look into the title deeds of the writ petitioners and find out as to the measurement of the properties which the petitioners are entitled to. The Deputy Commissioner shall thereafter give a finding as to whether the petitioners had
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NC: 2023:KHC:26641 WP No. 22930 of 2021 C/W WP No. 9311 of 2022 encroached upon the public property/road. If the finding of the Deputy Commissioner is that the petitioners had not put up any construction beyond their entitlement in terms of the title deeds, then the Deputy Commissioner shall proceed to hold that the demolition of the compound walls and the structures of the writ petitioners was illegal. Needless to observe that if such a finding is given by the Deputy Commissioner, then the Deputy Commissioner shall follow the other directions that were given by this Court in its earlier order dated 14.01.2019 in W.P.Nos.30738-30757/2018 and connected matters. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of three months from the date of receipt of a certified copy of this order.
Ordered accordingly.
12. Pending I.As., if any, stand disposed of.
Sd/-
JUDGE DL/JT CT: JL