Writ petition filed by property owners regarding encroachment. Court directed the Panchayath Development Officer to conclude the pending inquiry by 31.03.2025 following principles of natural justice. Petition disposed of.
Third respondent directed to conclude pending inquiry on or before 31.03.2025 in accordance with principles of natural justice.
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NC: 2024:KHC:46091 WP No. 5822 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 5822 OF 2024 (LB-RES)
BETWEEN:
…PETITIONERS
Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA
(BY SRI. MANU SHANKAR S S.,ADVOCATE)
AND:
NC: 2024:KHC:46091 WP No. 5822 of 2024
…RESPONDENTS
(BY SRI.S. MAHESH., ADVOCATE FOR R1 TO R3; SRI. NITHIN M, ADVOCATE FOR R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT ISSUED BY THE R-3 DATED 25.01.2024 VIDE ANNX-J BY DIRECTING THE RESPONDENTS TO SPEEDY DISPOSAL OF THE ENQUIRY AS PER THE DIRECTION OF THIS HONBLE COURT IN W.P. NO. 1152/2024; ISSUE A WRIT OF MANDAMUS TO CONSIDER THE REPRESENTATION GIVEN BY THE PETITIONERS VIDE ANNX-H AND H1 DATED 25.01.2024 AND PASS APPROPRIATE ORDERS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioners and the fourth respondent are owners of the properties in Sy.Nos.29/2 and 28/1 of Nittur Village, Nittur Hobli, Gubbi Taluk. They contend that these two properties are separated by a public road, and that the fourth respondent has encroached this road. The third respondent has issued Notice dated 01.01.2024, which is called in question by the fourth respondent in W.P.No.1152/2024 [ LB-RES ].
NC: 2024:KHC:46091 WP No. 5822 of 2024
counsel for the petitioners, submits that this Endorsement could not have been issued because this Court by then had disposed the W.P.No.1152/2024 in the terms as aforesaid. The learned counsel submits that this petition could be disposed of directing the third respondent to conclude inquiry and pass just orders within a reasonable period. This Court must opine that even if the petitioners' request is considered in view of this
Court's order in W.P.No.1152/2024, the inquiry
cannot be kept pending for an indefinite period and must be brought to closure expeditiously but after due opportunity. This Court must ensure that there is no precipitation without due opportunity.
ORDER
The petition stands disposed of calling upon the third respondent to conclude the inquiry that is pending on or before 31.03.2025 but as directed by this
Court in W.P.No.1152/2024 [LB-RES] in accordance with the principles of natural justice. Further the third respondent, if for any reason is unable to complete enquiry, shall be at liberty to file appropriate application with this Court for reasonable enlargement of time.
The petition stands disposed of.
Sd/(B M SHYAM PRASAD) JUDGE
SA ct:sr
1 issue framed by the court
Whether the third respondent must conclude the pending inquiry expeditiously after due opportunity to the fourth respondent.
SRI S M RAMESH
SRI. LOKESH
THE PANCHAYATH DEVELOPMENT OFFICER NITTUR GRAMAPANCHAYATH
SRI. N S JAYAPRAKASH
B M SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
