High Court of Karnataka disposed of a writ petition seeking mandate to prevent encroachment on government land. The court found existing orders effective and prayers misconceived, noting no encroachment was found after enquiry.
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.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2020 PRESENT
THE HON’BLE MR. ABHAY S. OKA, CHIEF JUSTICE AND
THE HON’BLE MR. JUSTICE S. VISHWAJITH SHETTY WRIT PETITION NO. 6578/2020 (GM-RES-PIL)
BETWEEN
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BEGUR HOBLI BENGALURU-560 068
...PETITIONERS
(BY SRI MITHUN G A, ADVOCATE)
AND
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SL.NOS.7 TO 12 ARE R/AT SY.NO.42 LAKSHMI BADAVANE PUTTENAHALLI, J.P.NAGAR 7TH PHASE BENGALURU-560 076
…RESPONDENTS
(BY SRI VIJAY KUMAR A PATIL, AGA FOR R-1, 2 & 5; SRI M R C RAVI, ADVOCATE FOR R-3; R-4 SERVED; SRI S N PRASHANTH CHANDRA, ADVOCATE FOR R-6; R-7 SERVED; SRI V RANGARAMU, ADVOCATE FOR R-8 TO 12)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NOS.1 TO 6 TO PREVENT ENCROACHMENT AND GRABBING OF THE LAND BY RESPONDENT NOS.7 TO 12 OR OTHER PETITIONERS THEREIN IN W.P.NOS.5073-5187/2015 OR ANYONE CLAIMING UNDER OR THROUGH THEM UNDER THE GUISE OF THE ORDER PASSED BY THIS COURT IN W.P.NOS.5073-5187/2015 IN SY.NO.20 MEASURING 2 ACRES 24 GUNTAS OF BETTADASANAPURA VILLAGE, BEGUR HOBLI, BANGALORE SOUTH TALUK AND FURTHER DIRECT RESPONDENT NO.3 TO TAKE CONTROL OF THE LAND FROM ILLEGAL ENCROACHERS AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
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ORDER
Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondents. Perused the earlier orders passed by this Court on 3rd July 2020 and 3rd August 2020.
3. The substantive prayers in the petition read thus:
“ a) Issue a writ of mandamus directing the Respondents No.1 to 6 to prevent encroachment and grabbing of the land by Respondents No.7 to 12 or other petitioners therein in W.P.No.50735187/2015 or anyone claiming under or through them under the guise of Order passed by the Hon’ble High Court in W.P.No.5073-5187/2015 in Sy.No.20, measuring 2 Acres 24 Guntas of Bettadasanapura Village, Begur Hobli, Bangalore South Taluk, and further direct Respondent No.3
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to take control of the land from illegal encroachers.
b) Direct the Respondents 7 to 12 and other vandals to be identified in an enquiry to ascertain the damage to the sheds put up by the Respondent No.7 to 12 for the sheds constructed by the Respondent No.3 Board, and direct them to pay damages as per the assessment and recover the damages from the miscreants.
c) Direct the Respondent No.2 Commissioner to check the availability of land in view of the earlier grants made in the name of the villagers in Sy.No.20, measuring 2 Acres 24 Guntas of Bettadasanapura Village, Begur Hobli, Bangalore South Taluk, and upon enquiry if found there is no land, then to grant an alternative land.
d) Direct the Respondent No.3 to review list of encroachers on tank bed in Puttenahalli Lake bed and the numbers of encroachers still in need to of sites and prepare a list for the actual deserving persons.
e) Direct the Respondent No.2 to 4 to take steps to prevent the illegal formation of sites on the land Sy.No.20 and take necessary to prevent the encroachment and unauthorized misuse of the land.”
matter of the writ petition is the land in Survey No.20, being a Government land measuring 2 acres 24 guntas. As far as prayer (a) is concerned, it is completely misconceived as a Report has
been filed on record indicating that there is no encroachment
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made on the land mentioned in prayer (a). Prayer (b) is irrelevant
as it seeks an inquiry to ascertain the damage to the sheds put up by the seventh to twelfth respondents. Even prayer (c) is misconceived. As far as prayer (d) is concerned, the petitioners are not seeking to evict those who are encroachers on tank bed. The last prayer (e) is for taking steps against formation of illegal sites.
disposed of.
Sd/-
CHIEF JUSTICE
Sd/JUDGE
bkv
3 issues framed by the court
Whether to issue writ of mandamus to prevent encroachment on Survey No.20 land.
Whether to direct eviction and control of land by illegal encroachers.
Whether to grant alternative land upon finding no availability in Survey No.20.
Sri K. Kantharaju and others
The Principal Secretary Revenue Department and others
Smt. Lakshmi Bai and others
Abhay S. Oka
S. Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
