ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

Heard learned advocate Mr. B. Kiran for the petitioners and learned Additional Government Advocate Smt. Niloufer Akbar for respondent Nos.1 to 3, who appeared upon service of copy of the petition in advance.

2. The present is a petition styled as public interest petition. The four petitioners claimed that they are the permanent residents of Thrunasi Village, Masthi Hobli, Malur Taluka and that they are public spirited persons. The prayer advanced in this public interest petition is as under, “to direct respondent Nos.2 to 4 to consider the representations of the petitioners and remove the encroachers from the Water Canal cum Raja Kaluve land bearing Sy.No.120 measuring 10 Gunats situated at Thrunasi Village, Masthi Hobli, Malur Taluka, Kolar District with the assistance of Masthi Police.”

3. The case of the petitioners could be gathered in nutshell from the averments made in paragraph 11 of the petition, extracted herein, “…the neighbouring land lords have encroached the Water Canal cum Raja Kaluve land illegally in the village of the petitioners, due to said illegal encroachment of the Water Canal there is no space to passing the rain water and excess of Lake water, when the Villagers have questioned about the illegal encroachment by neighbouring land lords about said encroachment and installation of borewell and transformer in the Water Canal cum Raja Kaluve land, the neighbouring land lords defended and avoid to evict from the water canal cum Raja Kaluve, therefore they are not ready to leave the illegal encroachment. Thereafter wards the petitioner No.1 has approached the concern authority and given requisition regarding illegal encroachment of water canal cum Raja Kaluve, inspite of receiving the requisition from the petitioners, the respondent No.3 have raised the complaint in NCR/CR/142/2021-22 and they have visited to the spot conducted spot mahazer and hand over the said encroachment land bearing Sy No.120, measuring 10 Guntas to respondent No.4 on 02.02.2024, in spite of hand overring the encroachment land to the respondent No.4, the neighbouring land lords have again encroached said land illegally, thereafter the petitioners have informed to respondent No.4, even after informing the above said illegal encroachment, they have not taken any action against the said encroachers.”

4. The grievance raised is that respondent No.4-the Panchayath Development Officer, Thrunasi Grama Panchayath, Thrunasi Village, Masthi Hobli, has failed to take action against the neighbouring landlords despite receipt of the representation dated 05.02.2024. The petitioners want that the encroachment from Raja Kaluve land bearing Survey No. 120 measuring 10 Guntas situated at Thrunasi Village is required to be removed in light of the representation dated 05.02.2024.

5. The subject matter is in the domain of the respondent- authorities to be looked into by considering the representation of the petitioners which is stated to have been made and has remained undecided.

6. In the totality of the facts and circumstances, the present public interest petition could be entertained only to the extent by directing respondent Nos.2 to 4 to act through their competent authority to consider the representation made by the petitioners regarding encroachment, arrive at factual finding after necessary inquiry etc., and take appropriate decision/action if required in accordance with law preferably within twelve weeks from today.

7. Without expressing any opinion on the merits, the present petition is disposed of as not entertained.

Sd/-

(N. V. ANJARIA)

CHIEF JUSTICE