Petitioner alleged his house property was illegally demolished by the village panchayat for road widening without due process, and representations for compensation and re-survey went unanswered. The court allowed the petition and issued mandamus to respondents to decide the representations within four weeks.
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IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 105674 OF 2024 (LB-RES)
BETWEEN:
MALLAPPA S/O. PARAPPA KUMBAR, AGE: 68 YEARS, OCC: AGRICULTURAL, R/O. MANGALORE VILLAGE, TQ: KUKANOOR, DIST: KOPPAL, PIN CODE-583231.
…PETITIONER
(BY SRI. RAJASHEKHAR B. HALLI, ADVOCATE)
AND:
BENGALURU-560001.
MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
TQ: KUKNUR, DIST: KOPPAL, PIN CODE-583232.
…RESPONDENTS
(BY SRI. ASHOK T. KATTIMANI, AGA FOR R1, R2 & R4; SRI. BHUSHAN KULKARNI, ADVOCATE FOR R3-R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
ORAL ORDER
Petitioner is the absolute owner of house property bearing
No.441/1 and 446/2 situated at Mangalore Gram, Kukanor Taluka and Koppal District measuring 1015 square feet. The petitioner has been regularly paying house taxes and other
taxes to the Gram Panchayat and respondent No.6 has been collecting the same without any objection or query.
appointed one Surveyor to conduct the survey measurements of the house property of the petitioner. But the same was conducted without presence of the petitioner and a wrong measurement was produced and as per the hand sketch it is shown that there was no encroachment by the petitioner.
before this Court aggrieved by the illegality committed by the respondents.
ORDER
(ii) Writ of mandamus is issued directing respondents No.2, 3, 5 and 6 to consider the representations of the petitioner dated 06.08.2024 vide Annexures–H, H1, H2 and H3. The said representations shall be considered in accordance with law within a period of four weeks from the date of receipt
of copy of this order.
Sd/(PRADEEP SINGH YERUR) JUDGE
CKK
List No.: 1 Sl No.: 36
1 issue framed by the court
Whether respondents must consider the petitioner's representations seeking compensation and a fresh re-survey of his allegedly demolished house property.
1 provisions across 1 enactments
MALLAPPA S/O. PARAPPA KUMBAR
THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF PUBLIC WORK
THE DEPUTY COMMISSIONER, KOPPAL DISTRICT
THE CHIEF EXECUTIVE OFFICER, ZILL PANCHAYAT KOPPAL DISTRICT
THE CHIEF EXECUTIVE OFFICER, PUBLIC WORK DEPARTMENT-KOPPAL
THE PANCHAYATH DEVELOPMENT OFFICER, MANGALORE VILLAGE PANCHAYATH
PRADEEP SINGH YERUR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
