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THE HIGH COURT OF KARNATAKA
ANU SIVARAMAN AND VIJAYKUMAR A. PATIL
SRI. SOMALING – Appellant
Versus
SRI. SHRIKANT – Respondent
ORDER :
VIJAYKUMAR A. PATIL, J.
This contempt petition is filed alleging willful disobedience of the order dated 17.12.2019 passed by the Division Bench of this Court in W.P.No.40717/2019 (PIL).
2. The brief facts leading to filing of this petition are that in W.P.No.40717/2019, the petitioners had complained that a public road leading to Thamba Village had been encroached upon, reducing its width and causing serious inconvenience to villagers and visitors. This Court had directed the local authorities to look into the representations made by the petitioners, conduct a proper survey to check for encroachment, and if found, remove it within two months and inform the petitioners about the action taken. However, even after the time fixed by the Court, no steps were taken to comply with those directions. The petitioners, therefore, allege that the concerned officials have wilfully disobeyed the Court’s order and supported the encroacher which has led to the filing of this contempt petition.
3. Smt.Sumangala Simimath, learned counsel for Sri.Gurudev I. Gachchinamath, learned counsel for the complainants submits that the road which has been encroached is the main entrance road to Thamba Vill
The court found insufficient evidence of willful disobedience of its orders regarding encroachment, leading to the dropping of contempt proceedings.
encroachment of Land - photographs cannot give clear picture about the fact that whether road has been encroached upon or not and to what extent it is encroached upon and the same is encroached upon ....
The court dismissed the petition as the allegations of encroachment by the Jammu Development Authority were found to be unfounded based on the action taken report.
The main legal point established in the judgment is the requirement of substantial evidence to support claims of encroachment. The judgment emphasizes the importance of legal proceedings under the We....
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