Petitioners claimed a 28-foot road marked on their land in Sy.No.4/6 was erroneously shown in the village map and sought quashing of orders upholding it. The court found the dotted line is an age-old bandidhari (cart road), still in use and metalled, upheld the Deputy Commissioner's and KAT's orders, and dismissed the petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 17804 OF 2019 (KLR-RES)
BETWEEN:
BOTH ARE RESIDING AT TIPPUR VILLAGE, YEDIYUR HOBLI KUNIGAL TALUK TUMKUR DISTRICT PIN CODE-572130.
…PETITIONERS
Digitally signed by CHAITHANYA K Location: High Court of Karnataka
(BY SRI. P.M. GOPI, ADVOCATE FOR
SRI. SIDDAMALLAPPA P.M., ADVOCATE)
AND:
KUNIGAL
PIN CODE -572130.
R4 TO R7 ARE RESIDING AT TIPPUR VILLAGE, YEDIYUR HOBLI KUNIGAL TALUK TUMKUR DISTRICT PIN CODE-572130
…RESPONDENTS
(BY SRI. A.S. HARISHA, AGA FOR R1 TO R3 SRI. R.S. HEGDE, ADVOCATE FOR R5 TO R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF THE R-2 DATED 14.10.2016 AS PER ANNEXURE-J PASSED IN CASE RRT.CR.NO.56/2014-15 AND THE ORDER DATED 29.03.2019 PASSED IN APPEAL NO.938/2016 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BANGALORE AS PER ANNEXURE-N AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
ORAL ORDER
the village map and infact as on today the same is not in existence and that portion of the property where the road is shown is actually the property of the petitioners and for that reason, they made necessary applications to the concerned Authorities and they have passed orders adverse to the interest of the petitioners without considering the case of the petitioners. Aggrieved by the same, the present writ petition is filed, wherein the petitioners have challenged the impugned order dated 14.10.2016 passed by the second respondent vide Annexure-'J' to the writ petition and impugned order dated
NC: 2024:KHC:41442 WP No. 17804 of 2019
29.03.2019 passed by the Karnataka Appellate Tribunal,
Bengaluru vide Annexure-'N' to the writ petition.
same is in existence even prior to independence and that it continues to be in existence and presently the road is
metalled. The petitioners are not able to show any reason why this Court has to disagree on the findings of second
respondent and Karnataka Appellate Tribunal in this regard. Thus, it has to be concluded that cart road (bandidhari) has been in existence on the property of the petitioners from time immemorial and the same has been used by the villagers to access the neighbouring properties as well as a connecting road. The same has been now metalled. Mere existence of the alternative roads does not give right to the petitioners to encroach upon the road which is on their property and used from time immemorial by others to access neighbouring properties.
petition is hereby dismissed .
SD/(M.I.ARUN) JUDGE
VMB
List No.: 1 Sl No.: 48
1 issue framed by the court
Whether the 28-foot cart road (bandidhari) shown on the petitioners' land in Sy.No.4/6 exists from time immemorial and cannot be encroached upon despite alternative roads.
Sri T V Rudresha
Sri T V Jagadish
The Principal Secretary, Department of Revenue
The Deputy Commissioner, Tumkur District
The Tahsildar, Kunigal Taluk
Sri Thimmegowda
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
