Karnataka High Court
Mr. Ashwathappa vs State Of Karnataka on 21 November, 2023
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NC: 2023:KHC:41848
WP No. 12145 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
WRIT PETITION NO. 12145 OF 2023 (KLR-RES)
BETWEEN:
MR. ASHWATHAPPA,
S/O SOMAPPA,
AGED ABOUT 45 YEARS,
RESIDING AT CHITTERI VILLAGE,
ORRUKUNTE MITTURU,
AVANI POST, MULABAGAL TALUK,
KOLAR, KARNATAKA - 563 127.
...PETITIONER
(BY SRI. VENUGOPAL M.S, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
Digitally signed by
ARUN KUMAR M S VIKASA SOUDHA, BENGALURU - 560 001.
Location: High
Court of Karnataka
2. THE DEPUTY COMMISSIONER,
D C OFFICE, KOLAR,
KOLAR DISTRICT - 563 101.
3. THE TAHASILDAR,
MULABAGILU TALUK,
MULABAGILU, KOLAR - 563 131
...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA FOR R1 TO R3)
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NC: 2023:KHC:41848
WP No. 12145 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INIDA PRAYING TO DIRECT THE R-2
AND 3 TO TAKE ACTION FOR REMOVAL OF ENCROACHMENT
OVER THE PUBLIC ROAD WHICH RUNS THROUGH LANDS IN SY
NO. 74/4, 74/5, 75/1, 75/2, 1/1 1/4 AND 1/3 SITUATED AT
CHITTERI VILLAGE AVANI HOBLI BY CONSIDERING THE
REPRESENTATION SUBMITTED BY THE PETITIONER DATED
27.07.2021 VIDE ANNX-H, H1 AND REPRESENTATION DATED
07.02.2022 VIDE ANNX-J AND J1.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, the grievance of the petitioner is that, the pathway has been encroached by the private persons, which is belonging to the Government and in this regard, he made representations dated 27.07.2021 (Annexures-H and H1) and representations dated 07.02.2022 (Annexures-J and J1) respectively.
2. Sri Venugopal M.S, learned counsel appearing for the petitioner, contended that, the private persons are interfering with the pathway, which is being used by the villagers as well as the petitioner, particularly and in this regard, the petitioner has approached the competent authority and a report has been made by the Revenue -3- NC: 2023:KHC:41848 WP No. 12145 of 2023 Inspector as well as the Village Accountant, however, respondent No.2 herein has not considered the same. Accordingly, he sought for the interference of this Court.
3. Per-contra, Sri C.N.Mahadeshwaran, learned Additional Government Advocate submitted that, in the event if there is any interference by the private persons, it is open for the petitioner to approach the competent Civil Court for redressal of his grievance.
4. In the light of the submission made by the learned counsel appearing for the parties, I have carefully examined the contents in the aforementioned representations. It is forthcoming from the representations that, there is a pathway that runs through Survey No.74/4, 74/5, 75/1, 75/2, 1/1, 1/4 and 1/3 situate at Chitteri Village, Avani Hobli, Mulabagil Taluk. On careful examination of the report made by the Revenue Officer, would indicate that, private individuals are growing land in the pathway. Therefore, I am of the view that, respondent -4- NC: 2023:KHC:41848 WP No. 12145 of 2023 No.2 herein is empowered to take decision in the matter, in terms of the provisions contained under Section 103 of the Karnataka Land Revenue Act, 1964 (for short, herein after referred to as "Act").
5. In that view of the matter, respondent No.2 is directed to take decision in the matter in terms of the provisions contained there under the Act as well as the report made available by the Revenue Inspector. Accordingly, the writ petition is disposed of with a direction to respondent No.2 to take decision in the matter by considering the aforementioned representations in accordance with law within three (03) months from the receipt of this order.
SD/-
JUDGE CH List No.: 1 Sl No.: 51 CT: BHK