Petitioner challenged forced dispossession of property for road widening without acquisition. Court restrained respondents from dispossessing or demolishing property pending due process via acquisition.
Liberty to acquire property reserved; respondents directed not to dispossess petitioner without due process.
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NC: 2024:KHC:39195 WP No. 20831 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE ASHOK S.KINAGI
WRIT PETITION NO. 20831 OF 2024 (LB-RES)
BETWEEN:
SRI. V. SHANTHA VEERAPPA AGED ABOUT 76 YEARS S/O LATE VEERABHADRAPPA R/A NO 1371, PUMP HOUSE AREA JAGALUR, DAVANGERE - 577528
…PETITIONER
(BY SRI. CHANDRASHEKAR P V., ADVOCATE)
AND:
Digitally signed by R DEEPA
Location: HIGH COURT OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DAVANAGERE DIST - 577 528
…RESPONDENTS
(BY SRI. KENCHEGOWDA, AGA FOR R1 TO R5 SRI. MAHESH R UPPIN, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A DIRECTION RESTRAINING THE RESPONDENTS FROM INTERFERING WITH THE PETITIONER PEACEFUL POSSESSION AND ENJOYMENT OF THE SCHEDULE PROPERTIES IN ANY MANNER INCLUDING THE DEMOLISHING OF THE STRUCTURE / SHEDS STANDING IN THEREON OR UTILIZATION OF THE SCHEDULE PROPERTIES, OTHER THAN THROUGH DUE PROCESS OF LAW; DECLARE THAT THE ACTION OF THE RESPONDENTS TO DEMOLISH / UTILIZATION OF THE SCHEDULE PROPERTIES WITHOUT FOLLOWING THE DUE PROCESS OF LAW IN ONE WITHOUT JURISDICTION AND ANY AUTHORITY OF LAW.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioner filed this writ petition stating that the petitioner is the absolute owner in possession and enjoyment of the petition schedule property. The
respondents under the guise of so called widening of the Road without following the due process of law and arbitrarily attempted to demolish the existing structures and tried to interfere with the peaceful possession and enjoyment of the petitioner over the petition schedule property. The action of the respondents is in violation of the Article 300A of the Constitution of India. Hence, the petitioner aggrieved with the high handed and arbitrary action, filed this writ petition.
the respondents without due process of law are trying to dispossess the petitioner from the property in question. Hence, he submits that respondents may be directed to evict the petitioner by due process of law i.e., initiating
land acquisition proceedings. Hence, on these grounds, he prays to allow the writ petition.
submissions of the learned counsel for the parties.
respondents have no right to dispossess the petitioner
from the petition schedule property.
pass the following:
ORDER
The writ petition is disposed of.
If the respondents intend to widen the road, liberty is reserved to the respondents to acquire the property of the petitioner.
Meanwhile, the respondents are directed not to dispossess the petitioner from the petition schedule property without due process of law.
Sd/(ASHOK S.KINAGI) JUDGE
SKS
2 issues framed by the court
Whether respondents can dispossess the petitioner without initiating land acquisition proceedings.
Whether the widening of the road violates Article 300A of the Constitution.
Sri. V. Shanta Veerappa
The State of Karnataka (Represented by Principal Secretary)
The Deputy Commissioner Davanagere District
The Assistant Commissioner Davanagere Sub Division
The Tashildar Jagalur Taluk
The Town Panchayath Jagaluru
Ashok S. Kinagi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
