Petitioner alleged illegal encroachment by respondent nos. 4 and 5 on National Highway land. Court directed respondent nos. 1 and 2 to consider representations and remove respondent no. 5's encroachment within three months.
Direction to respondent nos. 1 and 2 to remove respondent no. 5's encroachment within three months.
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 JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 8882 OF 2018 (LB-RES)
BETWEEN:
SMT SHALINI D/O BABY SHETTY AGED ABOUT 45 YEARS R/AT OPP H.P. PETROL BUNK, P.O. UJIRE - 574 240 (DK)
…PETITIONER
(BY SRI. M SUDHAKAR PAI.,ADVOCATE)
AND:
Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA
P.O. BELTHANGADI, D.K - 574 214.
NC: 2024:KHC:22219 WP No. 8882 of 2018
BOTH ARE R/AT OPP H.P. PETROL BUNK P.O. UJIRE, D.K-574 240.
…RESPONDENTS
(BY SRI. G.S. ARUNA, HCGP. FOR R1 & R2: SRI. ABHINAV R.,ADVOCATE FOR R3: SRI. SREEDHAR, ADVOCATE FOR R5: NOTICE TO R4 SERVED AND UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS (1) TO (3) TO TAKE SUITABLE ACTIONS ON THE REPRESENTATIONS OF THE PETITONER DATED: 20.2.2017 (VIDE ANNEXURE-A TO C TO THE WRIT PETITION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed under Articles 226 & 227 of
the Constitution of India, seeking the following relief:
“A writ of mandamus, directing the respondents (1) to (3) to take suitable actions on the representations of the petitioner, dated 20.02.2017 (vide Annexure-A to C to the writ petition).”
the owner of the property in Sy.No.208/2A situated in Ujire Village, adjacent to Mangaluru-Kadur National
Highway. Respondent Nos. 4 and 5 have illegally constructed a building on the road margin between the house of the petitioner and the national highway. Since the respondent Nos. 4 and 5 have encroached the properties of the National Highway Authorities, the petitioner gave a representations vide Annexures A to C. After receiving the representations, the respondent Nos. 1 to 3 have removed the encroachment made by the fourth respondent, but, in respect of the encroachment made by the fifth respondent, no action has been taken. Therefore, the petitioner is before this Court.
to 3 have taken action and removed the encroachment. In
respect of respondent No.5, no action has been taken. When the representation has been submitted, it is the duty of the authorities to take action in accordance with law. Since no action has been taken, it is suffice for this Court to direct respondent Nos. 1 and 2 to consider the representations of the petitioner, in accordance with law. If it is found that the fifth respondent has unauthorizedly put up a structure on the road margin of the national highway, the respondent Nos. 1 and 2 are directed to remove the same, in accordance with law, as expeditiously as possible, not later than three months from the date of receipt of a copy of his order.
Sd/-
JUDGE
CM
List No.: 1 Sl No.: 60
3 issues framed by the court
Whether the High Court should direct the administration to take action on representations regarding illegal encroachment on National Highway.
Whether the authorities are directed to remove encroachment made by a specific respondent within three months.
Whether directions for expeditious disposal of encroachment complaints under writ jurisdiction are maintainable.
2 provisions across 1 enactments
SHALINI D/O BABY SHETTY
THE EXECUTIVE ENGINEER NATIONAL HIGHWAYS DIVISION MANGALURU
THE TAHSILDAR BELTHANGADY TALUK
THE SECRETARY UJIRE GRAMA PANCHAYATH
VASUDEVA POOJARY
ESUBU
H.T. NARENDRA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
