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2024 Supreme(Online)(KAR) 28867
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2024 BEFORE THE HON'BLE MR JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 24961 OF 2024 (LB-RES)
BETWEEN:
B MALLIKARJUNA AGED ABOUT 64 YEARS, S/O LATE BASAPPA, RESIDING AT 1086 TALUK OFFICE ROAD, MUSLIM COLONY JAGALURU, DAVANAGERE DISTRICT - 577528 …PETITIONER (BY SRI. CHANDRASHEKAR P V., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA PUBLIC WORKS DEPARTMENT, Digitally signed VIKASA SOUDHA, by R DEEPA DR. AMBEDKAR VEEDHI, Location: HIGH BANGALORE - 560001 COURT OF REPRESENTED BY ITS PRINCIPAL SECRETARY KARNATAKA
2. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT, DAVANAGERE - 577 001.
3. THE ASSISTANT COMMISSIONER DAVANAGERE SUB-DIVISION, DAVANAGERE - 577001.
4. THE TASHILDHAR JAGALURU TALUK JAGALURU, DAVANAGERE DISTRICT - 577528
5. THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, JAGALURU SUB DIVISION JAGALURU DAVANAGERE DISTRICT - 577528
6. THE TOWN PANCHAYAT JAGALUR DAVANAGERE DISTRICT - 577528 REPRESENTED BY ITS COMMISSIONER …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1 TO R5 V/O DATED 12.09.2024 NOTICE TO R6 IS D/W)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING FOR A DIRECTION TO RESTRAINING THE RESPONDENTS FROM INTERFERING WITH THE PETITIONER PEACEFUL POSSESSION AND ENJOYMENT OF THE SCHEDULE PROPERTIES IN ANY MANNER INCLUDING THE DEMOLISHING OF THE STRUCTURE / SHEDS STANDING IN THEREON OR UTILIZATION OF THE SCHEDULE PROPERTIES, OTHER THAN THROUGH DUE PROCESS OF LAW AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE ASHOK S.KINAGI
ORAL ORDER
The petitioner filed this writ petition stating that the petitioner is the absolute owner in possession and enjoyment of the petition schedule property. The respondents under the guise of so-called widening of the road, without following the due process of law, arbitrarily attempted to demolish the existing structures and tried to interfere with the peaceful possession and enjoyment of the petitioner over the petition schedule property. The action of the respondents is in violation of the Article 300A of the Constitution of India. Hence, the petitioner aggrieved with the highhanded and arbitrary action of the respondents, filed this writ petition.
2. Heard Sri. Chandrashekar P.V., the learned counsel for the petitioner and Smt. Spoorthi V., learned HCGP for respondent Nos.1 to 5.
3. Learned counsel for the petitioner submits that the respondents without due process of law are trying to dispossess the petitioner from the property in question. Hence, he submits that the respondents may be directed to evict the petitioner by due process of law i.e., initiating land acquisition proceedings. Hence, on these grounds, prays to allow the writ petition.
4. Per contra, learned HCGP submits that the respondents will evict the petitioner by due process of law.
Hence, prays to dismiss the writ petition.
5. Perused the records and considered the submissions of the learned counsel for the parties.
6. The petitioner is claiming to be the owner and in possession of the petition schedule property and the respondents without initiating any acquisition proceedings, are dispossessing the petitioner forcibly from the petition schedule property. The action of the respondents in dispossessing the petitioner forcibly, is contrary to Article 300A of the Constitution of India. If at all the respondents are intending to widen the road, the respondents have to dispossess the petitioner by due process of law i.e., initiate acquisition proceedings. Without due process of law, the respondents have no right to dispossess the petitioner from the petition schedule property.
7. In view of the above discussion, I proceed to pass the following:
ORDER
The writ petition is disposed of.
If the respondents intend to widen the road, liberty is reserved to the respondents to acquire the property of the petitioner.
Meanwhile, the respondents are directed not to dispossess the petitioner from the petition schedule property without due process of law.
