Karnataka High Court
Sri.Nasarulla Sharief vs Tumakuru Mahanagara Palike on 1 April, 2025
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NC: 2025:KHC:13542-DB
WA No. 381 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2025
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K. V. ARAVIND
WRIT APPEAL No. 381 OF 2025 (LB-RES)
BETWEEN:
1. SRI.NASARULLA SHARIEF,
S/O. LATE AHMAD SHARIEF,
AGED ABOUT 77 YEARS,
R/A VENKATARAO COLONY,
TUMAKURU 572 103.
...APPELLANT
(BY SRI. V. B. SIDDARAMAIAH, ADVOCATE)
AND:
1. TUMAKURU MAHANAGARA PALIKE,
TOWN HALL CIRCLE, GANDHI NAGAR,
Digitally signed
by VALLI B.H. ROAD, TUMAKURU -572101.
MARIMUTHU REP. BY ITS COMMISSIONER
Location: HIGH
COURT OF
KARNATAKA 2. THE ASSISTANT EXECUTIVE ENGINEER,
TUMAKURU MAHANAGARA PALIKE,
TOWN HALL CIRCLE, GANDHI NAGAR,
B.H. ROAD, TUMAKURU -572101.
3. SRI. JAKIR HUSSIN,
FATHER NAME AND AGE NOT KNOWN TO APPELLANT,
R/A 2ND CROSS, VENKATARAO COLONY,
KOTITHOPU, T
TUMAKURU-572 103.
...RESPONDENTS
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NC: 2025:KHC:13542-DB
WA No. 381 of 2025
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET-ASIDE THE
ORDER DATED 18/02/2025 PASSED BY THE LEARNED SINGLE
JUDGE OF THIS HON'BLE COURT, IN WP No.35809/2024 AND BE
PLEASED TO ALLOW THE WRIT PETITION No.35809/2024.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS
UNDER:
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)
In the writ petition, the appellant-petitioner had called in
question the intimation letter dated 30.11.2024, wherein it was
stated to the petitioner that he had encroached upon the
conservancy and the road and that, he was required to remove
the encroachment. Learned Single Judge allowed the petition
directing respondent No.1-Tumakuru Mahanagara Palike to
remove the encroachment within two months.
2. It is against the aforesaid order that the present writ
appeal is filed.
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3. While directing the Tumakuru Mahanagara Palike to
remove the encroachment, learned Single Judge, in terms,
recorded a finding that there was an encroachment. This
finding was based on the status report obtained by the
Tumakuru Mahanagara Palike which was directed to instruct the
Engineers to conduct inspection and file report to the court. The
report was filed and the encroachment was indicated.
Photographs were also produced which were appreciated by
learned Single Judge.
4. It was recorded by learned Single Judge that pursuant to
the order passed by the court, the Assistant Executive Engineer
had visited the spot and conducted the spot inspection. It was
stated that the Assistant Executive Engineer was present before
the court to produce the sketch prepared relating to the site, in
which the portions of encroachment by the petitioner as well as
respondent No.3 were clearly indicated.
5. The encroachment is a matter of fact. A finding of fact has
been recorded by learned Single Judge that there was an
encroachment done by the petitioner for the conservancy and
the road which was based on the report of the Assistant
Executive Engineer who had inspected the spot and also
NC: 2025:KHC:13542-DB
produced photographs along with the sketch. The
encroachment was established. In that view, the direction was
issued to the Tumakuru Mahanagara Palike to remove the
same.
6. In the facts and circumstances of the case, no error could
be booked in the order of learned Single Judge.
7. The appeal is meritless and it is dismissed.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
VBS
