Karnataka High Court
Sri Safiulla Beig @ Sarvar vs The President on 23 August, 2017
Author: Vineet Kothari
Bench: Vineet Kothari
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IN THE HIGH COURT OF KARNATAKA AT
BENGALURU
DATED THIS THE 23RD DAY OF AUGUST, 2017
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
WRIT PETITION Nos.24771 - 24774/2017(LB-RES)
BETWEEN
1. Sri Safiulla Beig @ Sarvar,
S/o Ayad Beig,
Aged about 56 years,
2. Sri Dakshinamurthy,
S/o Veerappa,
Aged about 50 years,
3. Sri Manohara K.B,
S/o Basavegowda,
Aged about 40 years,
4. Sri Kantharaju,
S/o Jagadish,
Aged about 39 years,
All are residing at Besagarahalli village,
Koppa Hobli, Maddur Taluk,
Manda District - 571 438. ...PETITIONERS
Date of order : 23.08.2017 in WP Nos.24771/2017 -24774/2017
Sri Safiulla Beig @ Sarvar & Others vs. The President & Others
.
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(By Mr.Ananda K, Advocate)
AND
1. The President,
Mandya Zilla Panchayath,
Mandya - 571 401
2. The President,
Maddur Taluka Panchayath,
Maddur Taluk,
Maddur - 571 438
3. The Panchayath Development Officer,
Besagarahalli Grama Panchayath,
Besagarahalli, Koppa Hobli,
Maddur Taluk - 571 438
4. The Divisional Controller,
Karnataka State Road Transport
Corporation
Mandya Division,
Mandya - 571 401 ...Respondents
(By Mr.P.D.Surana,, Advocate for C/R4;
Mr.B.J.Somayaji, Advocate for R1 to R3;
Mr. N.Murali, Advocate for impleading applicant in IA
No.2/2017)
These Writ Petitions are filed under Articles 226
and 227 of the Constitution of India praying to quash
the interim order dated 22.05.2017 passed by the R-1
Date of order : 23.08.2017 in WP Nos.24771/2017 -24774/2017
Sri Safiulla Beig @ Sarvar & Others vs. The President & Others
.
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Annexure-M to the W.P. and consequently dismiss the
appeal filed by R-4 before R-1 etc.,
These Petitions coming on for Orders this day, the
Court made the following:
ORDER
Mr.Ananda K, Advocate for Petitioners By Mr.P.D.Surana,, Advocate for C/R4; Mr.B.J.Somayaji, Advocate for R1 to R3; Mr. N.Murali, Advocate for impleading applicant in IA No.2/2017
1. The petitioners have filed this petition with the following prayers;
"(i) Issue a Writ in the nature of Certiorari or any other appropriate writ or order as the case may be to quash the Interim Order dated 22.5.2017 passed in ZPM/Appeal/4/2017-18 by the 1st Respondent at Annexure-M to the writ petition and consequently dismiss the Appeal filed by the 4th respondent before the 1st respondent.
(ii) Issue a writ of Mandamus directing the 4th respondent not to put up any further Date of order : 23.08.2017 in WP Nos.24771/2017 -24774/2017 Sri Safiulla Beig @ Sarvar & Others vs. The President & Others .4/7
constructions in the land in question i.e., Gramatana property No.1709, New No.152100203000620215 situated at Besagarahalli village, Koppa Hobli, Maddur Taluk and to
(iii) pass such other order/s or Direction/s as this Hon'ble Court deems fit under the facts and circumstances of the case including the award of costs of this writ petition in the interest of justice and equity."
2. The learned Counsel for respondent No.4 - KSRTC has submitted before the court that since the original proceedings are pending before the Maddur Taluk Panchayath, regarding the dispute raised by the present petitioner, the present writ petition does not deserve to be entertained by this court as it was directed only against the interim order passed by the Mandya Zilla Panchayath at Annexure -M dated 22.5.2017.
Date of order : 23.08.2017 in WP Nos.24771/2017 -24774/2017 Sri Safiulla Beig @ Sarvar & Others vs. The President & Others .
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3. The learned Counsel for Respondent No.4- KSRTC has also informed the court that the appeal against the interim order of the Mandya Zilla Panchayath itself has now been withdrawn and the interim order granted by the Maddur Taluk Panchayath in favour of the present petitioners - Safiulla Beig and others also stands vacated.
4. In these proceedings Mr. N.Murali, learned counsel, has also filed an application seeking impleadment by way of IA 2/2017 on behalf of one Besagarahalli Primary Agricultural Credit Co-operative Society Limited, Besagarahalli, which has claimed proprietary rights in respect of the site in question. The said site in question is said to have been allotted in favour of respondent No.4 - KSRTC, Mandya for developing a bus-stand at the site in question. The present petitioners are the lessees of the shops constructed by the impleading applicant.
Date of order : 23.08.2017 in WP Nos.24771/2017 -24774/2017 Sri Safiulla Beig @ Sarvar & Others vs. The President & Others .
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5. Be that as it may. In view of the pendency of the proceedings before the concerned Taluk Panchayath itself, the present petition is held to be not maintainable and, therefore, the parties are relegated to contest their claims before the concerned Taluk Panchayath itself. It is for the said Taluk Panchayath to arrive at appropriate findings of fact about the locus standi as well as the respective rights of the parties and whether the bus- stand to be developed by respondent No.4-KSRTC can be allowed to be developed at the site in question. If any of the parties aggrieved by the decision of the said Taluk Panchayath may avail further appellate remedy before the Zilla Panchayath. They can later on also approach the civil courts by way of civil suits to decide such questions of facts which are required to be proved and tested on the basis of relevant evidence in accordance with the provisions of the Evidence Act and Civil Procedure Code and which exercise cannot be Date of order : 23.08.2017 in WP Nos.24771/2017 -24774/2017 Sri Safiulla Beig @ Sarvar & Others vs. The President & Others .
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Therefore, the present writ petition is held to be not maintainable and with the aforesaid liberty and direction to the concerned parties, the petition is disposed of. No costs. I.As do stand disposed of accordingly.
Sd/-
JUDGE nv