Karnataka High Court
Sri. Nagaraja T K vs State Of Karnataka on 29 October, 2024
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NC: 2024:KHC:43568-DB
WP No. 20947 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT PETITION NO. 20947 OF 2024 (GM-RES-PIL)
BETWEEN:
1. SRI NAGARAJA T K.,
S/O LATE T S KRISHNEGOWDA,
AGED ABOUT 47 YEARS,
R/AT THRUNASI VILLAGE,
MASTHI HOBLI, MALUR TALUK,
KOLAR DISTRICT-563139
2. SRI SANTHOSH KUMAR T M
S/O MUNIYAPPA,
AGED ABOUT 32 YEARS,
R/AT THRUNASI VILLAGE,
MASTHI HOBLI, MALUR TALUK,
KOLAR DISTRICT-563139
Digitally
signed by 3. SRI SRINIVASA T N
PRABHAKAR S/O NANJEGOWDA,
SWETHA AGED ABOUT 50 YEARS,
KRISHNAN
R/AT THRUNASI VILLAGE,
Location: MASTHI HOBLI, MALUR TALUK,
High Court of KOLAR DISTRICT-563139
Karnataka
4. SRI MUNIYAPPA T
S/O THIMMARAYAPPA,
AGED ABOUT 42 YEARS,
R/AT THRUNASI VILLAGE,
MASTHI HOBLI, MALUR TALUK,
KOLAR DISTRICT-563139
...PETITIONERS
(BY SRI KIRAN. B, ADVOCATE)
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WP No. 20947 of 2024
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M.S.BUILDING,
BENGALURU-560001
2. THE DEPUTY COMMISSIONER
KOLAR DISTRICT,
KOLAR-563101
3. THE TAHSILDAR
MALUR TALUK,
MALUR-563139
4. THE PANCHAYATH DEVELOPMENT OFFICER
THRUNASI GRAMA PANCHAYATH,
THRUNASI VILLAGE,
MASTHI HOBLI, MALUR TALUK,
KOLAR DISTRICT-563139
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA READ WITH RULE
14(1) OF THE HIGH COURT OF KARNATAKA-PRACTICE AND
PROCEDURE FOR PUBLIC INTEREST LITIGATION RULES,
2018 PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING
THE RESPONDENT NoS.2 TO 4 TO CONSIDER THE
REPRESENTATIONS OF THE PETITIONERS AND REMOVE
THE ENCROACHERS FROM THE WATER CANAL CUM KALUVE
LAND BEARING Sy No.120, MEASURING 10 GUNTAS
SITUATED AT THRUNASI VILLAGE, MASTHI HOBLI, MALUR
TALUK, KOLAR DISTRICT WITH THE ASSISTANCE OF MASTHI
POLICE AS PER THE ANNEXURE-A AND B.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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WP No. 20947 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. B. Kiran for the petitioners
and learned Additional Government Advocate Smt. Niloufer
Akbar for respondent Nos.1 to 3, who appeared upon service of
copy of the petition in advance.
2. The present is a petition styled as public interest petition.
The four petitioners claimed that they are the permanent
residents of Thrunasi Village, Masthi Hobli, Malur Taluka and
that they are public spirited persons. The prayer advanced in
this public interest petition is as under,
"to direct respondent Nos.2 to 4 to consider the
representations of the petitioners and remove the
encroachers from the Water Canal cum Raja Kaluve
land bearing Sy.No.120 measuring 10 Gunats situated
at Thrunasi Village, Masthi Hobli, Malur Taluka, Kolar
District with the assistance of Masthi Police."
3. The case of the petitioners could be gathered in nutshell
from the averments made in paragraph 11 of the petition,
extracted herein,
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"...the neighbouring land lords have encroached the Water
Canal cum Raja Kaluve land illegally in the village of the
petitioners, due to said illegal encroachment of the Water
Canal there is no space to passing the rain water and
excess of Lake water, when the Villagers have questioned
about the illegal encroachment by neighbouring land lords
about said encroachment and installation of borewell and
transformer in the Water Canal cum Raja Kaluve land, the
neighbouring land lords defended and avoid to evict from
the water canal cum Raja Kaluve, therefore they are not
ready to leave the illegal encroachment. Thereafter wards
the petitioner No.1 has approached the concern authority
and given requisition regarding illegal encroachment of
water canal cum Raja Kaluve, inspite of receiving the
requisition from the petitioners, the respondent No.3 have
raised the complaint in NCR/CR/142/2021-22 and they
have visited to the spot conducted spot mahazer and
hand over the said encroachment land bearing Sy No.120,
measuring 10 Guntas to respondent No.4 on 02.02.2024,
in spite of hand overring the encroachment land to the
respondent No.4, the neighbouring land lords have again
encroached said land illegally, thereafter the petitioners
have informed to respondent No.4, even after informing
the above said illegal encroachment, they have not taken
any action against the said encroachers."
4. The grievance raised is that respondent No.4-the
Panchayath Development Officer, Thrunasi Grama Panchayath,
Thrunasi Village, Masthi Hobli, has failed to take action against
the neighbouring landlords despite receipt of the representation
dated 05.02.2024. The petitioners want that the encroachment
from Raja Kaluve land bearing Survey No. 120 measuring 10
Guntas situated at Thrunasi Village is required to be removed in
light of the representation dated 05.02.2024.
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5. The subject matter is in the domain of the respondent-
authorities to be looked into by considering the representation
of the petitioners which is stated to have been made and has
remained undecided.
6. In the totality of the facts and circumstances, the present
public interest petition could be entertained only to the extent
by directing respondent Nos.2 to 4 to act through their
competent authority to consider the representation made by
the petitioners regarding encroachment, arrive at factual
finding after necessary inquiry etc., and take appropriate
decision/action if required in accordance with law preferably
within twelve weeks from today.
7. Without expressing any opinion on the merits, the
present petition is disposed of as not entertained.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
KPS
