Karnataka High Court
Sri. Nagaraja vs The State Of Karnataka on 2 August, 2022
Author: R Devdas
Bench: R Devdas
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WP No. 15082 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 02ND DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 15082 OF 2022 (KLR-RES)
BETWEEN:
1. SRI. NAGARAJA
S/O LATE DODDA ANJINAPPA
AGED ABOUT 55 YEARS
2. GANGAMMA
W/O LATE BYLAPPA
AGED ABOUT 53 YEARS
3. ANJANA MURTHY
S/O LATE BYLAPPA
AGED ABOUT 26 YEARS
Digitally
signed by
JUANITA
THEJESWINI
Location:
ALL ARE RESIDING
HIGH COURT
OF AT BYRASANDRA VILLAGE
KARNATAKA
MADURE HOBLI
DODDABALLAPUR TALUK
BENGALURU RURAL DISTRICT-561203.
...PETITIONERS
(BY SRI. R KUMAR., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
REVENUE DEPARTMENT
M S BUILDING
BANGALORE-560001.
2. THE DEPUTY COMMISSIONER
BENGALURU RURAL DISTRICT
BENGALURU-562110.
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WP No. 15082 of 2022
3. THE ASSISTANT COMMISSIONER
DODDABALLAPUR SUB DIVISION
DODDABALLAPURA-561203.
4. THE TAHSILDAR
DODDABALLAPURA TALUK
DODDABALLAPURA-561203.
...RESPONDENTS
(BY SMT.PRATHIMA HONNAPURA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE R2 TO CONSIDER THE REPRESENTATION VIDE
ANNEXURE-F TO MAKE A WAY FOR INGRESS AND EGRESS TO
THE GRANTED LANDS UNDER PTCL ACT .
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned Additional Government Advocate is directed to take notice for all the respondents.
The grievance of the petitioners is that the cart road leading to the land belonging to the petitioners in Sy.No.166 of Byrasandra Village, Doddaballapur Taluk, Bengaluru Rural District, has been encroached upon and a compound wall has been built, thereby the access to the lands has been blocked. In this regard, two -3- WP No. 15082 of 2022 representations have been given by the petitioners, one on 25.03.2022 to the Deputy Commissioner, Bengaluru Rural District, and another dated 14.06.2022 to the Deputy Commissioner. However, no action has been initiated by the respondent-Authority to clear encroachment.
2. On hearing the learned counsel for the petitioners, the learned Additional Government Advocate and on perusing the petition papers, this Court finds that there is a duty cast on the respondent-revenue authorities that if there is an encroachment on a cart road or a public road, the authorities are required to initiate action in terms of the provisions contained in the Karnataka Land Revenue Act, 1964, and remove the encroachment.
3. Nevertheless, since the respondent-authorities have not acted upon the representations given by the petitioners, a writ of mandamus is required to be issued.
4. Accordingly, the writ petition stands disposed of with a specific direction to the 4th respondent-Tahsildar, Doddaballapura Taluk to immediately look into the matter, -4- WP No. 15082 of 2022 make an inspection, find out if there is any encroachment on the cart road as contended by the petitioners, and if so, issue notice to the concerned and take action to remove the encroachment. The 2nd respondent-Deputy Commissioner, Bengaluru Rural District is also directed to ensure that the 3rd respondent-Tahsildar, Doddaballapura Taluk initiates action and reports the same to the Deputy Commissioner. The entire action shall be completed as expeditiously as possible and at any rate, within a period of six weeks from the date of receipt of a copy of this order.
Ordered accordingly.
Learned Additional Government Advocate is permitted to file a memo of appearance within a period of four weeks from today.
Sd/-
JUDGE rv