Allowed

Sri Vasanth Kumar a N v. Tahasildar

Karnataka HC17 Nov 2022WP/58290/2016

Case brief

AI extract

What is this about?

Petitioners sought removal of illegal encroachment by Respondents 2 to 4 on public land under Writ Articles 226/227. The Court observed that officials must protect public property and disposed of the petition by directing Respondent No.1 to remove encroachers within three months.

What did the court decide?

Directive to Respondent No.1 to remove encroachers from Sy. No. 109 of Soppinabetta land within three months and report compliance.

Sri Vasanth Kumar a N Vs Tahasildar — Land Acquisition | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 17^TH DAY OF NOVEMBER, 2022

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BEFORE

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THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.58290 OF 2016 (KLR-RES)

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BETWEEN:

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1 . SRI VASANTH KUMAR A.N. S/O NAGARAJ BHATT, AGED ABOUT 40 YEARS, AGRICULTURIST,

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2 . SRI UDAYASHANKAR S/O VENKATESH BHAT, AGED ABOUT 44 YEARS,

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3 . SRI SURESH S/O KORAGA, AGED ABOUT 62 YEARS, AGRICULTURIST,

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ALL ARE R/O ANEGOUNDA, BELANDOOR VILLAGE, SHRINGERI TALUK, CHIKKAMANGALURU DISTRICT - 577 139.

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…PETITIONERS

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(BY SRI. S.R.HEGDE KUDLAMANE, ADVOCATE)

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AND:

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1 . TAHASILDAR SHRINGERI, SHRINGERI TALUK, CHIKKAMANGALURU DISTRICT - 577 139.

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2 . SMT DEVIKA S.D. ALIAS DEVI, W/O MANJUNATH, AGED ABOUT 27 YEARS, HOUSE WIFE,

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3 . SMT DEVIKA SW/O AURN KUMAR, AGED ABOUT 33 YEARS, HOUSE WIFE,

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4 . SMT. PREMA P W/O SUBRAMANAYA, AGED ABOUT 29 YEARS,

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R/O ANEGOUNDA, BELANDOOR VILLAGE, SHRINGERI TALUK, CHIKKAMANGALURU DISTRICT-577139

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…RESPONDENTS (BY SRI. C.N.MAHADESHWARAN, AGA FOR R1; SRI. S.P. KULKARNI, ADVOCATE FOR R2, R3 & R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO REMOVE THE ILLEGAL ENCROACHMENT MADE BY THE R- 2 TO 4 IN SY NO.109 OF SOPPINABETTA LAND, OF BELANDOOR VILLAGE, SHRINGERI TALUK, CHIKKAMAGALORE DISTRICT, OR ANY OTHER APPROPRIATE WRIT OR ORDER AS THE CASE AND ETC.,

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Petitioners are knocking at the doors of Writ Court seeking a direction to Respondent No.1 to remove illegal encroachment allegedly made by Respondent Nos. 2 to 4 in Sy.No.109 of Soppinabetta land in Bellandoor Village, Sringeri Taluka, Chikkamangalore District.

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Learned AGA appearing for the 1^st Respondent has produced a copy of the Deputy Commissioner's order dated 12.09.2022 instructing the Tahasildar to take all removal proceedings on a war footing. The proceedings of this nature cannot be kept pending, as rightly submitted by learned counsel appearing for the Petitioners. The officials have to protect the public property if necessary by using the mighty force of the State.

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In view of the above, this writ petition is disposed off by directing Respondent No.1 to ensure the actual removal of all encroachers from the land/s in question within three

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months and report compliance to the Registrar General of this Court.

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Ordered accordingly.

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Sd/JUDGE

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Sri Vasanth Kumar a N v. Tahasildar

Case brief

What is this about?

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Sri Vasanth Kumar a N v. Tahasildar

Case brief

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