A resident petitioned for directions to consider representations alleging encroachment of an existing village road obstructing farmers' access. The court rejected the petition, holding that without arraying the alleged encroacher and without asserting infringement of his own right, the petitioner lacks locus standi.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF NOVEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 14717 OF 2024 (LB-RES)
BETWEEN:
NAGESH S R S/O RAMESH, AGED ABOUT 29 YEARS, R/A BHARATHIPURA B ILLANAKOTE, BANGALORE RUAL, KARNTAKA-562111.
…PETITIONER
(BY SRI. RAKSHITH R.,ADVOCATE)
AND:
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:43985 WP No. 14717 of 2024
KARNATAKA-562123.
…RESPONDENTS
(BY SMT.SPOORTHI V., HCGP FOR R1 AND R2)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1, 2 TO CONSIDER THE REPRESENTATION DATED 16.05.2023 AT ANNX-A AND 02.06.2023 AT ANNX-B.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner, who asserts that he is a resident of Bharatipura village, Billanakote, Bangalore, has filed this petition for directions to the respondents [the Tahsildar, Nelamangala Taluk Bangalore Rural District and Sompura Gram panchayat] to consider his representations as per Annexures - A and B. The petitioner contends that M/s Jindal Education Society has encroached an existing road in survey Nos.5 and 7 of Yeddehallii
NC: 2024:KHC:43985 WP No. 14717 of 2024
village and this is causing difficulties to the farmers as their right of access is obstructed.
However, the petitioner has not arrayed M/s Jindal Education Society as a respondent, and crucially, the petitioner does not allege that his right is infringed. Unless the petitioner establishes the same, he cannot assert locus standi . Hence, the petition stands rejected but with the observation that this rejection shall not foreclose any proceedings regarding alleged encroachment.
SD/(B M SHYAM PRASAD) JUDGE
AN/-
1 issue framed by the court
Can a resident claim locus standi to seek directions against an alleged road encroachment without alleging infringement of his own right or joining the affected party?
1 provisions across 1 enactments
NAGESH S R
THE STATE OF KARNATAKA PANCHAYAT RAJ AND RURAL DEVELOPMENT
THE TAHSILDAR JAYANAGARA
SOMPURA GRAM PANCHAYAT
B M SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
