Karnataka High Court
Karnataka Janata Vedike vs State Of Karnataka on 18 February, 2025
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WP No. 1704 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT PETITION NO. 1704 OF 2025 (KLR-RES-PIL)
BETWEEN:
1. KARNATAKA JANATA VEDIKE
NO.5, TULASIPURA
NEAR NICE ROAD,
ANJANAPURA POST,
BANGALORE
REP. BY ITS PRESIDENT SMT.PAVITHRA K.S.
...PETITIONER
(BY SRI R. SRINIVASA GOWDA, ADVOCATE)
AND:
Digitally
signed by H 1. STATE OF KARNATAKA
K HEMA DEPARTMENT OF REVENUE
Location: M.S. BUILDING
High Court
of BANGALORE - 560 001
Karnataka REP. BY ITS PRINCIPAL SECRETARY.
2. THE REGIONAL COMMISSIONER
BMTC BUILDING SHANTI NAGAR
BANGALORE - 560 027.
3. THE DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
KANDAYA BHAVAN, K.G. ROAD,
BANGALORE - 560 009.
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WP No. 1704 of 2025
4. THE TAHSILDAR
BANGALORE NORTH TALUK,
KANDAYA BHAVAN, K.G. ROAD,
BANGALORE - 560 009.
5. THE KARNATAKA PUBLIC LANDS
CORPORATION LTD.,
2ND FLOOR, OFFICE OF THE DEPUTY
COMMISSIONER
KANDAYA BHAVAN, K.G. ROAD,
BANGALORE - 560 009.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE
WRIT OR DIRECTION AND DIRECT THE RESPONDENTS TO
INITIATE THE PROCEEDINGS AGAINST THE LAND
GRABBERS/ENCROACHERS OF THE LAND BEARING
SY.NO.43 MEASURING 20 ACRES 24 GUNTA OUT OF TOTAL
EXTENT OF 44 ACRES 30 GUNTAS OF KACHOHALLI VILLAGE,
DASANAPURA HOBLI, BENGALURU NORTH TALUK, UNDER
THE PROVISIONS OF THE KARNATAKA LAND GRABBING
(PROHIBITION) ACT, 2011 TO SECURE THE GOVERNMENT
LAND BY EVICTING THE LAND GRABBERS AND UTILISE
SAME FOR THE PUBLIC PURPOSE IN THE INTEREST OF
JUSTICE AND EQUITY, ETC.
THIS PETITION, 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 M.I.ARUN
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WP No. 1704 of 2025
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. R. Srinivasa Gowda for the
petitioner and learned Additional Government Advocate
Smt. Niloufer Akbar who appears to assist the court upon service of
copy of the petition in advance.
2. In this petition styled as public interest litigation, the
petitioner-Karnataka Janata Vedike, through its President, raised a
grievance inter alia that the land bearing Sy.No.43 total
admeasuring 44 Acres and 30 Guntas which is at Kachohalli
Village, Dasanapura Hobli, Bengaluru North Taluka, is encroached
to the extent of 20 Acres and 24 Guntas. It is the case of the
petitioner that the encroachers are the land grabbers within the
meaning of the Karnataka Land Grabbing Prohibition Act, 2011.
2.1. It is the further say of the petitioner that despite the act of
alleged encroachment and alleged land grabbing, the respondents
have not taken any steps since last 14 years. It is the contention of
the petitioner that it is in the public interest that the present petition
is filed.
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3. The petitioner has stated that the land in question is highly
valuable land and that the authorities have harbored fraudulent
intentions not to take any steps and are not interested in protecting
the public property which is, according to the petitioner, evident
because of inaction on part of the respondents.
4. On such basic premise, the prayer is made to direct the
respondent-authorities to initiate proceedings against the alleged
land grabbers/encroachers on the said land and to evict them to
utilize the land for public purpose. It is the next prayer to direct the
respondents to delete the illegal revenue entries which stand in the
revenue records in respect of Sy.No.43 of Kachohalli Village.
5. Whether there is an encroachment or not and if there is an
encroachment, to what extent, whether the encroachment amounts
to 'land grabbing' in law and whether the persons occupying the
land are the 'land grabbers' within the meaning of the provisions of
the 2011 Act - are all questions which require a factual inquiry.
Such exercise cannot be undertaken in writ jurisdiction under
Article 226 of the Constitution. The petitioner may pursue the
grievance by making appropriate representation to the authorities,
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who may examine the facts which may have been put up by the
petitioner in the above regard and to finally decide as to whether
any action is to be contemplated under the 2011 Act against the
alleged encroachers.
6. At this stage, learned advocate for the petitioner stated that
the representation is already made to the respondents on several
occasions 05.07.2024, 31.07.2024, 01.08.2024 as well as on
02.08.2024.
6.1. Responding to this, learned Additional Government Advocate
submitted that the Competent Authority of the respondents shall
look into the representations, examine the facts and take an
appropriate decision in accordance with law with regard to what is
submitted by the petitioner in the representations.
7. Providing that the exercise of looking into the representations
and taking appropriate decision in accordance with law shall be
completed preferably within a period of six weeks from today, the
present petition is not entertained. It is dismissed subject to above
directions.
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It is made clear that this court has not gone into any aspect
of the merits of the case.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(M.I.ARUN)
JUDGE
VMB
