Karnataka High Court
Sri Lingaiah vs State Of Karnataka on 28 May, 2013
Bench: Chief Justice, B.V.Nagarathna
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 28TH DAY OF MAY 2013
PRESENT
THE HON' BLE MR.D.H.WAGHELA, CHIEF JUSTICE
AND
THE HON' BLE MRS.JUSTICE B.V.NAGARATHNA
WP No.38538/2012 (KLR-RES-PIL)
BETWEEN :
1. SRI LINGAIAH
S/O LATE SRI LINGAIAH,
AGED ABOUT 64 YEARS,
RETD. DEPUTY DIRECTOR,
TOWN PLANNING DEPARTMENT
R/O BALALINGEGOWDANA DODDI,
HOOTAGAL HOBLI,
DODDAGANGAWADI POST,
RAMANAGARAM TALUK & DISTRICT-571511
2. SRI R VENKATACHALAIAH
S/O LATE SRI RAMANNA,
AGED ABOUT 66 YEARS,
RETD. EXECUTIVE ENGINEER, PWD
R/O BALALINGEGOWDANA DODDI,
HOOTAGAL HOBLI,
DODDAGANGAWADI POST,
RAMANAGARAM TALUK & DISTRICT-571511
3. SRI RAMACHANDRA
S/O LATE SRI DASAPPA
AGED ABOUT 35 YEARS,
EX PANCHAYATH MEMBER,
JALA MANGALA GRAM PANCHAYATH,
RAMANAGARA TALUK & DISTRICT-571511
... PETITIONERS
(By Sri G.B.NANDEESH GOWDA, ADV. FOR
SRI R B SADASIVAPPA, ADV.,)
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AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT,
M S BUILDING,
DR B R AMBEDKAR BEEDHI,
BANGALORE-560001
2. THE DEPUTY COMMISSIONER
RAMANAGARAM DISTRICT,
RAMANAGARAM-571511
3. THE ASSISTANT COMMISIONER
RAMANAGARAM SUB-DIVISION,
RAMANAGARAM-571511
4. THE TAHASILDAR
RAMANAGARAM TALUK
RAMANAGARAM-571511
5. CHIEF ENGINEER ( ELECTRICAL)
(EXECUTION & ENFORCEMENT)
BESCOM, BANGALORE RURAL ZONE,
CFC BUILDING, NRUPATHUNGA ROAD
BANGALORE-560001
6. EXECUTIVE ENGINEER ( ELECTRICAL)
BESCOM, OPP: POST OFFICE,
RAMANAGARAM-571511
7. ASST. EXECUTIVE ENGINEER ( ELECl.)
BESOCM, RURAL SUB-DIVISION,
MUNICIPAL OFFICE BUILDING,
M G ROAD, RAMANAGARM-571511
... RESPONDENTS
(By Sri B VEERAPPA, AGA FOR R1 TO R4
SRI CHANDRAKANTH PATIL K. ADV., FOR
SRI G. KRISHNA MURTHY, ADV., FOR R5 TO R7)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS TO CONSIDER THE
REPRESENTTIONS OF THE PETITIONERS VIDE ANNEXURE-J1
TO J7 AND DIRECT THE RESPONDENTS TO REMOVE THE
ENCROACHMENT ON SY.NO.40 MEASURING 4A 13G WHICH IS
DESCRIBED AS SARKARI KERE [GOVERNMENT TANK] AND
SY.NO.183 DESCRIBED AS SARKARI BEELU MEASURING 2A
BOTH ARE SITUATED ADJACENT TO EACH OTHER AT
THALAWADI VILLAGE, HOOTAGAL HOBLI, RAMANAGARAM TQ.
& DISTRICT AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINRY
HEARING THIS DAY, NAGARATHNA .J, MADE THE
FOLLOWING:
ORDER
1. This Writ Petition which is filed in public interest has sought a direction to the respondents to remove the encroachment of Sy.No.40 measuring 4 acre 13 guntas which is described as 'Sarkari Kere' (Government Tank) and Sy.No.183 described as 'Sarkari Beelu' measuring 2 acres at Thalawadi village, Hootagal Hobli, Ramanagaram Taluk and District. A direction is also sought to respondent nos.5 to 7 to disconnect the supply of electricity to the bore-wells which have been dug in the encroached portion of the Government land.
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2. We have heard learned counsel for the parties.
3. Learned Additional Government Advocate on instructions from Mr. V.Hanumantharayappa, Tahsildar, Ramanagaram Taluk, who is also present in Court, has stated that subsequent to the filing of the Writ Petition, the authorities have taken steps to remove the encroachment on the tank bed area and also steps would be initiated to fence the Sarkari Kere (Government Tank) on Sy.No.40 measuring 4 acres 13 guntas and Sarkari Beelu measuring 2 acres in Sy.No. 183 of the said village. It is stated that the said fencing work shall be completed within a period of one month from today. The said statement is placed on record.
4. We also note that the encroachers have dug bore-wells on the encroached Government land and have obtained illegal electricity connection. Learned counsel for respondent nos.5 to 7 submits that there has been disconnection of illegal electricity supply which has been obtained by the encroachers.
5. Having noted the submissions made by learned counsel for the respondents, we find that the purpose of the Public -5- Interest Litigation has been served. In the circumstances, we direct respondent nos.1 to 4 to fence the tank bed area and also Sarkari Beelu after removing the encroachment if any on the said area within a period of one month from today. Respondent nos.5 to 7 to ensure that there is disconnection of all illegal power supply obtained by the encroachers within the said period. Respondent nos.5 to 7 shall also ensure that no electricity supply is obtained by any person on the tank bed area for the purpose of bore-wells or for any other purpose.
Writ Petition is disposed of in the aforesaid terms.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE mv