Administrative actions resulting in civil consequences must adhere to principles of natural justice, including providing notice and opportunity to be heard.

ORDER :

1. This writ petition preferred seeking the following reliefs:

“(i) to issue mandatory direction to the respondents for production of the Notification for widening the road and formation of drainage at B.K. Road, Magadi Town.

(ii) to declare that the demolition of the structure on the schedule B property in occupation of the petitioner by the respondents herein is illegal, unlawful and opposed to law without any notification whatsoever.

(iii) to direct the respondents to restore the suit building in O.S. No. 307/2011 to the original position at the costs of the respondents.

(iv) to award compensation for illegal demolition of the schedule B property in a sum of Rs.72,00,000/- (Rupees seventy two lakhs).

(v) and prays for such other relief or reliefs as this Hon'ble court deems fit in the circumstances of the case, including the costs of the above petition, in the interest of justice and equity.”

2. Brief facts:

The petitioner is tenant under one K.S. Nataraj in respect of property bearing Municipal Katha No. 1951/1822 situated at Narasimha circle, Kalyagate, Magadi Town, Magadi, Ramanagara District, measuring East-West 19 feet and North-South 76 feet. This property is referred to as 'Schedule-B' property in the writ petition. Schedule-B property is part of larger extent of property measuring East-West towards Southern side 34 feet, towards Northern side 36½ feet, towards North-South on the Eastern side 59 feet and towards Western side 74 feet. This property is referred to as 'Schedule-A' property.

3. It is stated that the petitioner entered into agreement of sale on 09.09.2002 with K.S. Nataraj for purchase of Schedule-B property. It is stated that the remaining part of Schedule-A property was in possession of Smt. Radha Balakrishna. The Schedule-B property was purchased by Smt. Radha Balakrishna under registered Sale Deed 13.04.2004 during subsistence of earlier agreement of sale. As the petitioner was pressurized to vacate Schedule-B property, he preferred O.S. No. 307/2011 on the file of the Additional Civil Judge, Magadi. The Civil Court by order dated 09.08.2011 granted interim order of temporary injunction restraining demolition, dispossession, interference and obstruction with the plaintiff's possession of Schedule-B property.

4. It is further stated that as the petitioner did not yield to the pressure of Smt. Radha Balakrishna to vacate the Schedule-B property, under the guise of removing the encroachment on the road, without following any due process of law, the authorities in collusion demolished the Schedule-B property. The petitioner aggrieved against the illegal demolition of Schedule-B property is before this Court in this petition.

5. Learned counsel for the petitioner submits that he was running textile shop in Schedule-B property as tenant under K.S. Nataraj. He entered into agreement of sale of Schedule-B property with K.S. Nataraj. During subsistence of agreement of sale, property was illegally sold in favour of Smt. Radha Balakrishna under registered Sale Deed 13.04.2004. After the sale deed, the petitioner was pressurized to vacate Schedule-B property.

6. Learned Counsel submits that petitioner preferred O.S. No. 307/2011 on the file of the Additional Civil Judge, Magadi. The Civil Court passed an order of injunction on 09.08.2011 injuncting the defendants from demolition, dispossession, interference and obstruction with plaintiff's peaceful possession. Respondent No. 6-Assistant Executive Engineer, PWD, Magadi Sub-Division, Magadi Taluk, filed an application in the said suit for impleading and prayed to vacate the restraining order. During the operation of injunction order and pendency of the applications, respondents have illegally demolished the building at the instance of so-called landlord.

7. Learned counsel submits that no intimation or notice is issued to the petitioner. The respondents have not even allowed the petitioner to remove the stock (garments) in the shop. As a consequence of illegal action of