Petitioners sought a writ directing State authorities to evict illegal encroachers from government land reserved for a primary health center. The Court closed proceedings finding no reason to continue due to steps being taken by authorities per law.
Petition stands disposed of; proceedings closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
W.P.No.13724/2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JUNE, 2018
PRESENT
HON'BLE MR.JUSTICE DINESH MAHESHWARI, CHIEF JUSTICE
AND
HON'BLE MR.JUSTICE KRISHNA S. DIXIT
WRIT PETITION NO.13724/2017 (KLR-RES-PIL)
BETWEEN
1.REVNASIDDAPPA S/O SIDDAPPA
AGED ABOUT 52 YEARS
2.THIPPESHAPPA O S/O ONKARAPPA AGED ABOUT 42 YEARS
3.V.G.MAHALINGAPPA S/O GUTHYEPPA
AGED ABOUT 39 YEARS
4.V.S.DYAMAPPA S/O ANE SIDDAPPA AGED ABOUT 56 YEARS
5.S.N.RAJAPPA
S/O NANJUNDAPPA AGED ABOUT 40 YEARS
6.K RANGESH
S/O KENCHAVEERAPPA AGED ABOUT 45 YEARS
2
W.P.No.13724/2017
7.G.N.SURESH S/O GOUDAR NAGAPPA AGED ABOUT 46 YEARS
8.MURTHAPPA S/O HANUMANTHAPPA AGED ABOUT 52 YEARS
ALL ARE R/O VADDANAL VILLAGE CHANNAGIRI TALUK DAVANGERE DISTRICT-577215
9.J.H.CHANDRAPPA S/O HANUMANTHAPPA AGED ABOUT 45 YEARS R/O V.BANNIHATTI VILLAGE VADDANAL POST CHANNAGIRI TALUK DAVANGERE DISTRICT-577215
10.JAYA NAIK K N S/O NAGENDRAPPA AGED ABOUT 30 YEARS R/O V.KUMARANAHALLI VILLAGE VADDANAL POST CHANNAGIRI TALUK DAVANGERE DISTRICT-577215 ... PETITIONERS
(BY SRI M V HIREMATH, ADVOCATE)
AND
1.THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE BENGALURU-560001
3
W.P.No.13724/2017
2.THE DEPUTY COMMISSIONER DAVANGERE DISTRICT DAVANGERE-577006
3.THE ASST. COMMISSIONER DAVANGERE SUB-DIVISION DAVANGERE-577006
4.THE TAHSILDAR CHANNAGIRI TALUK, CHANNAGIRI DAVANAGERE DISTRICT-577215
5.THE TALUK HEALTH OFFICER CHANNAGIRI TALUK, CHANNAGIRI DAVANAGERE DISTRICT-577215
6.SHIVARUDRAPPA S/O N. HANUMAPPA AGED ABOUT 52 YEARS
7.SHIVA S/O SHIVARUDRAPPA AGED ABOUT 25 YEARS
8.KARIBASAMMA W/O SHIVARUDRAPPA AGED ABOUT 45 YEARS
9.RENUKAMMA D/O EDIGARA YALLAPPA AGED ABOUT 42 YEARS
R-6 TO 9 ARE R/O VADDANAL VILLAGE CHANNAGIRI TALUK DAVANGERE DISTRICT-577215
... RESPONDENTS
(BY SRI S H PRASHANTH, AGA FOR R-1 TO 5; SRI P M SIDDAMALLAPPA, ADVOCATE FOR R-8; R-6 & 7 SERVED; R-9 –NOTICE HELD SUFFICIENT V/O DATED 04.04.2018)
4
W.P.No.13724/2017
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.1 TO 5 TO CONSIDER THE REQUISITIONS DATED 24.01.2017 AND 04.02.2017 AS PER ANNEXURES-F AND J AND EVICT THE ILLEGAL ENCROACHERS FROM THE GOVERNMENT LAND BEARING SY.NO.124 MEASURING 2.00 ACRES SITUATED AT VADDANAL VILLAGE, CHANNAGIRI TALUK, DAVANGERE DISTRICT, RESERVED FOR PRIMARY HEALTH CENTER AS PER ANNEXURE-A BY ISSUE OF WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT AND ETC.,
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Learned Additional Government Advocate submits that,
as per his instructions, the steps as required by law are being taken by the authorities concerned in relation to the grievance stated in this petition.
We are not making any comments on the merits of the case at this stage. But, having regard to the submissions made by the learned Additional Government Advocate that requisite steps are being taken, we find no reason to continue with this petition any further. Suffice it to observe that the steps as required, ought to be taken strictly in accordance with law.
5
W.P.No.13724/2017
With the observations foregoing, the proceedings in this petition stand closed.
The petition stands disposed of.
Sd/-
CHIEF JUSTICE
Sd/-
JUDGE
bkv
1 issue framed by the court
Whether to issue writ directing respondents to evict illegal encroachers from government land reserved for primary health center.
2 provisions across 1 enactments
REVNASIDDAPPA S/O SIDDAPPA AND 9 OTHERS
THE STATE OF KARNATAKA
THE DEPUTY COMMISSIONER DAVANGERE DISTRICT
THE ASST. COMMISSIONER DAVANGERE
THE TAHSILDAR CHANNAGIRI TALUK
THE TALUK HEALTH OFFICER CHANNAGIRI TALUK
DINESH MAHESHWARI
KRISHNA S. DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
