Sri M R Rajanna vs The State Of Karnataka on 22 September, 2017

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Karnataka High Court

Sri M R Rajanna vs The State Of Karnataka on 22 September, 2017

Bench: Vineet Kothari

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

     DATED THIS THE 22nd DAY OF SEPTEMBER 2017

                         BEFORE

      THE HON'BLE Dr.JUSTICE VINEET KOTHARI

        WRIT PETITION No.40571/2017 (LB-RES)

BETWEEN:

SRI. M.R. RAJANNA
S/O RAMAIAH
R/AT. MUTTUGADAHALLI VILLAGE
DODDAJALA POST, JALA HOBLI
BANGALORE NORTH TALUK
BANGALORE-562157.
                                              ... PETITIONER

(BY SRI. CHANDRASHEKAR SWAMY K.B. ADV.,)

AND:

1.     THE STATE OF KARNATAKA
       REP BY ITS SECRETAWRY
       RURAL DEVELOPMENT AND PANCHAYATH RAJ
       M.S. BUILDING, BANGALORE-560 001.

2.     THE ZILLA PANCHAYATH
       BANGALORE URBAN DISTRICT
       S. KARIYAPPA ROAD
       BANASHANKARI
       BANGALORE-560 070
       REP. BY ITS CHIEF EXECUTIVE OFFICER.

3.     THE EXECUTIVE OFFICER
       TALUK PANCHAYATH
       BANGALORE NORTH TALUK
       YELAHANKA, BANGALORE-560 064.
                               Date of Order 22-09-2017 W.P.No.40571/2017
                        Sri. M.R. Rajanna Vs. The State of Karnataka & Ors.

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4.   THE DODDAJALA GRAMA PANCHAYATH
     BANGALORE NORTH TALUK
     JALA HOBLI, BANGALORE-562 157
     REP. BY ITS PRESIDENT
     N.K. MAHESH KUMAR.

5.   PANCHAYATH DEVELOPMENT OFFICER AND
     THE SECRETARY
     DODDAJALA GRAMA PANCHAYATH
     BANGALORE NORTH TALUK
     JALA HOBLI, BANGALORE-562157.
                                   ... RESPONDENTS
(BY SRI. A.K. VASANTH, AGA FOR R1)


      THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION    OF    INDIA     PRAYING         TO     QUASH         THE
RESOLUTION DTD.29.5.2017 PASSED BY THE R-4 VIDE ANNEX-
H.   GRANT AN INTERIM ORDER TO STAY THE RESOLUTION
DTD.29.5.2017 PASSED BY THE R-4 VIDE ANNEX-H & ETC.,

      THIS W.P. COMING ON FOR PRELIMINARY HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:-



                         ORDER

Mr. Chandrashekar Swamy K.B. Adv. for Petitioner Mr. A.K. Vasanth, AGA for R1

1. The petitioner has filed this petition with the following prayers:-

"(i) Wherefore it is humbly prayed that this Hon'ble Court be pleased to issue a Writ of Date of Order 22-09-2017 W.P.No.40571/2017 Sri. M.R. Rajanna Vs. The State of Karnataka & Ors.

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Certiorari, quash the resolution dated 29.05.2017 passed by the 4th respondent vide Annexure-'H'.

(ii) And issue any other writ or order as deem fit in the facts and circumstances of the case, in the interest of justice and equity".

2. The learned counsel for the petitioner submitted that the Resolution passed by the Respondent- Doddajala Gram Panchayath, vide Annexure-H dated 29.05.2017 deserves to be quashed by this Court.

3. The said Resolution is quoted below for ready reference:-

"Subject No.6:-

Resolution Passed:-

The Meeting was convened to discuss the subject matter and it resolved with full majority that on the application of the public that the Gopalagowda and others of Muttugadahalli Village have closed the drainage which was constructed by government several years back and it comes to the knowledge that the same is causing severe problems to the villagers. Therefore it was resolved to remove the closed Date of Order 22-09-2017 W.P.No.40571/2017 Sri. M.R. Rajanna Vs. The State of Karnataka & Ors.

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drainage and to provide proper drainage to ensure free flow of drainage water, it is directed to the Panchayath Development Officer to take police help and to file the caveat petition before the Devanahalli Court in respect of the subject matter".

4. Having heard the learned counsel for the petitioner and upon perusal of the record, this Court is satisfied that the present petition is a misconceived remedy in the facts of the present case.

5. Whether the public drainage constructed by the State Government or Gram Panchayath long years ago, was upon the private land of the petitioner or not, which is now sought to be reconstructed by removing the alleged encroachment of the petitioner to ensure the very flow of drainage water, are all questions of facts, which are required to be established with the relevant evidence in a properly instituted civil suit in the competent Civil Court. These questions of facts cannot Date of Order 22-09-2017 W.P.No.40571/2017 Sri. M.R. Rajanna Vs. The State of Karnataka & Ors. 5/5 be gone into in the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India.

6. With the aforesaid liberty to the petitioner to file civil suit, the writ petition is dismissed. No costs.

Copy of this order be sent to the concerned Respondents.

Sd/-

JUDGE Srl.

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