( 1 ) IN this writ petition under Art. 226 of the Constitution, the; petitioner has challenged an order d 16-11-77 of the Taluka Magistrate, Gokak (Ext. B), by which he has directed the petitioner to vacate 4ft of road from village end to the touch of river.

( 2 ) THE case of the petitioner is that he is the owner of an agricultural land bearing block No. 1a measuring 39 guntas of land situated in shigiholi village Gokak Taluk, and that he is personally cultivating it and is in its actual possession. According to the petitioner, there is no road much less a public road on this land It is also his case that he has instituted an original suit in OS. 92 of 1977 in the Court of the Munsiff, Gokak, for a declaration and a permanet injunction restraining respondents 2 to 6 herein who are the defendants in that suit. Lastly, it is averred by the petitioner that on an application made by him, the learned Munsiff Gokak, has granted a temporary injunction restraining respondents 2 to 6 from interfering with his peaceful possession and enjoyment of the property pending disposal of his suit. Sri Padmanabha Mahale, learned Counsel for respondents 2 to 6, does not dispute the assertion of the pe

Click Here to Read the rest of this document