Dismissed

Sri. B a Thippeswamy v. the State of Karnataka

Karnataka HC12 Sept 2024WP/24973/2024

Case brief

AI extract

What is this about?

Petitioners challenged forced dispossession of property by respondents during road widening without due process. Court restrained respondents from dispossessing petitioners without initiating acquisition proceedings and reserved liberty for legitimate acquisition.

What did the court decide?

Respondents directed not to dispossess petitioners without due process; liberty reserved to acquire property if road widening intended.

Sri. B a Thippeswamy Vs the State of Karnataka — Land Acquisition | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:38118 WP No. 24973 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 12^TH DAY OF SEPTEMBER, 2024

¶4

BEFORE

¶5

THE HON'BLE MR JUSTICE ASHOK S.KINAGI

¶6

WRIT PETITION NO. 24973 OF 2024 (LB-RES)

¶7

BETWEEN:

¶8

SRI. B A THIPPESWAMY AGED ABOUT 61 YEARS S/O B K APPANNA

¶9

SRI B T CHETHAN AGED ABOUT 32 YEARS S/O B A THIPPESWAMY

¶10

BOTH ARE R/AT NO 2098, A K COLONY JCR EXTENSION, JAGALURU DAVANGERE DISTRICT 577528

¶11

…PETITIONERS

¶12

Digitally signed by R DEEPA Location: HIGH COURT OF KARNATAKA

¶13

(BY SRI. CHANDRASHEKAR P V., ADVOCATE)

¶14

AND:

¶15

THE STATE OF KARNATAKA PUBLIC WORKS DEPARTMENT VIKASA SOUDHA, DR AMBEDKAR VEEDHI BANGALORE 560001

¶16

REPRESENTED BY ITS PRINCIPAL SECRETARY

¶17

THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE 577001

¶18

THE ASSISTANT COMMISSIONER DAVANAGERE SUB DIVISION DAVANAGERE 577001

¶19

2 - NC: 2024:KHC:38118 WP No. 24973 of 2024

¶20

THE TAHSILDAR JAGALUR TALUK JAGALURU DAVANAGERE DISTRICT 577528

¶21

THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT JAGALUR SUB DIVISION JAGALUR DAVANAGERE DISTRICT 577528

¶22

THE TOWN PANCHAYATH JAGALUR DAVANAGERE DISTRICT 577528 REPRESENTED BY ITS COMMISSIONER

¶23

…RESPONDENTS

¶24

(BY SMT. SPOORTHI V., HCGP FOR R1 TO R5; V/O DATED 12.09.2024 NOTICE TO R6 IS D/W)

¶25

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING FOR A DIRECTION RESTRAINING THE RESPONDENTS FROM INTERFERING WITH THE PETITIONERS 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; DECLARING 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.

¶26

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶27

CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI

¶28

3 - NC: 2024:KHC:38118 WP No. 24973 of 2024

¶29

ORAL ORDER

¶30

The petitioners filed this writ petition stating that the petitioners are the absolute owners 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, arbitrarily attempted to demolish the existing structures and tried to interfere with the peaceful possession and enjoyment of the petitioners over the petition schedule property. The action of the respondents is in violation of the Article 300A of the Constitution of India. Hence, the petitioners aggrieved with the highhanded and arbitrary action of the respondents, filed this writ petition.

¶31

2. Heard Sri. Chandrashekar P.V., the learned

¶32

counsel for the petitioners and Smt. Spoorthi V., learned HCGP for respondent Nos.1 to 5.

¶33

3. Learned counsel for the petitioners submits that

¶34

the respondents without due process of law are trying to

¶35

4 - NC: 2024:KHC:38118 WP No. 24973 of 2024

¶36

dispossess the petitioners from the property in question. Hence, he submits that the respondents may be directed to evict the petitioners by due process of law i.e., initiating land acquisition proceedings. Hence, on these grounds, prays to allow the writ petition.

¶37

Per contra, learned HCGP submits that the

¶38

respondents will evict the petitioners by due process of law. Hence, prays to dismiss the writ petition.

¶39

Perused the records and considered the

¶40

submissions of the learned counsel for the parties.

¶41

The petitioners are claiming to be the owners and in possession of the petition schedule property and the respondents without initiating any acquisition proceedings, are dispossessing the petitioners forcibly from the petition schedule property. The action of the respondents in dispossessing the petitioners forcibly, is contrary to Article 300A of the Constitution of India. If at all the respondents are intending to widen the road, the

¶42

5 - NC: 2024:KHC:38118 WP No. 24973 of 2024

¶43

respondents have to dispossess the petitioners by due process of law i.e., initiate acquisition proceedings. Without due process of law, the respondents have no right to dispossess the petitioners from the petition schedule property.

¶44

In view of the above discussion, I proceed to

¶45

pass the following:

¶46

ORDER

¶47

The writ petition is disposed of.

¶48

If the respondents intend to widen the road, liberty is reserved to the respondents to acquire the property of the petitioners.

¶49

Meanwhile, the respondents are directed not to dispossess the petitioners from the petition schedule property without due process of law.

¶50

Sd/(ASHOK S.KINAGI) JUDGE

¶51

SKS

Sri. B a Thippeswamy v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri. B a Thippeswamy v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sri a M Suresh Babu Vs the State of Karnataka

Sri Seenappa Vs Venkataramappa @ Venakaravanappa

Shivamallegowda Vs Mahadevegowda

Revanasiddappa. B. G. Vs the State of Karnataka

The Federal Bank Limited Vs Matchmove India Private Limited

B Mallikarjuna Vs the State of Karnataka