Public interest litigation seeking removal of alleged encroachment of government land and Rajakaluve by the sixth respondent. The Court found no specific allegations in the representations, noted the petitioner resided in Tumkur while the land was in Bengaluru, held there was no public interest, and dismissed the petition.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
PRESENT
THE HON'BLE MR P.S.DINESH KUMAR, CHIEF JUSTICE AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA WRIT PETITION NO. 20576 OF 2023 (GM-RES)
BETWEEN:
SRI. HARISH NAYAK S/O VALI NAYAK AGED ABOUT 49 YEARS R/A DASANAPURA VILLAGE KUNIGAL TALUK TUMKURU DISTRICT-572130 …PETITIONER
(BY SRI. ANANDA K, ADV.)
AND:
Digitally signed by MALA K N Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:7169-DB WP No. 20576 of 2023
(BY SRI.SUDEV HEGDE, AGA FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS 1 TO 5 TO CONSIDER THE REPRESENTATIONS DATED 22.07.2023 AT ANNEXURE-G TO K AND THE REPRESENTATION DATED 01.08.2023 AT ANNEXURE-L AND DIRECT THE RESPONDENTS 1 TO 4 TO TAKE NECESSARY ACTION TO REMOVE THE ENCROACHMENT OF THE GOVERNMENT LAND IN Sy. No. 76 MEASURING 2 GUNATAS OF KODIGETIRUMALAPURA VILLAGE, HESARAGHATTA HOBLI, YELAHANKA TALUK, BENGALURU DISTRICT BY THE 6TH RESPONDENT AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
ORDER
Heard Shri K. Ananda, learned Advocate for the
petitioner and Shri Sudev Hegde, learned AGA for respondents No.1 to 4-State.
litigation (PIL) is to consider the representations at
NC: 2024:KHC:7169-DB WP No. 20576 of 2023
Annexures-G to K. The said representations are filed on behalf of one Shri Guruswamy, the Secretary of Dalitha Sangarsha Samithi. Petitioner has described himself as follows:
"a)The petitioner is under graduate and he is a social worker. The petitioner is a spirited social activist who has all the ambition of preventing misuse of the properties belonging to the Government.
b)The petitioner declares that, he is not involved in any other civil, revenue, criminal litigation in any capacity before any court of law or tribunal."
Samithi, situated in Bengaluru. Petitioner is a resident of Tumkur. To a pointed query as to what is the allegation against respondent No.6, learned Advocate for the petitioner submitted that Samithi has stated in Annexure-G dated 22.07.2023, that some construction was put up in the land and the building was offered on rent. Three phone numbers were mentioned on the building and according to the petitioner, the said phone
numbers belonged to respondent No.6. Samithi has given representation as per Annexure-G stating that
NC: 2024:KHC:7169-DB WP No. 20576 of 2023
constructions have been made by encroaching Rajakaluve . In substance, petitioner's case is that respondent No.6 has encroached Raja-kaluve in Bengaluru. There is no specific allegations in Annexure-G.
interlocutory applications, if any, do not survive for consideration and they stand disposed of .
No costs.
Sd/CHIEF JUSTICE
Sd/JUDGE
PA, CT:HS, List No.: 1 Sl No.: 71
1 issue framed by the court
Whether a PIL by a Tumkur resident alleging encroachment of Rajakaluve in Bengaluru, based on vague representations, discloses any public interest warranting mandamus?
1 provisions across 1 enactments
Sri Harish Nayak
The State of Karnataka rep. by its Chief Secretary
The Commissioner of Excise Department of Excise
The Deputy Commissioner, Bengaluru Urban District
The Tahsildar Yelahanka
Huralichikkanahalli Grama Panchayathi
P.S.Dinesh Kumar
T.G.Shivashankare Gowda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
