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2023 Supreme(Online)(Kar) 35980
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2023 PRESENT THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE ASHOK S.KINAGI WRIT PETITION NO. 21400 OF 2022 (KLR-RES-PIL)
BETWEEN:
M. MAYANNA S/O LATE MUNIBYRAPPA AGED ABOUT 78 YEARS R/AT MUNIYAPPA LAYOUT, K.R PURAM, BENGALURU 560036 …PETITIONER (BY SRI. RAVI H. K., ADVOCATE)
Digitally signed by R DEEPA AND:
Location: High Court of Karnataka
1. STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S BUILDING, DR. B.R. AMBEDKAR VEEDI, BENGALURU 560001
2. DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU 560002
3. TAHSILDAR BENGALURU EAST TALUK, KRISHNA RAJPURAM, BENGALURU 560036
4. ASSISTANT DIRECTOR OF LAND RECORDS BENGALURU EAST TALUK, K.R PURAM, BENGALURU 560036
5. ADDITIONAL DIRECTOR GENERAL OF POLICE BENGALURU METROPOLITAN TASK FORCE (BMTF), N.R. CIRCLE, NRUPATUNGA ROAD, BENGLAURU 560001
6. B NANJUNDASETTY S/O B .S CHANDRAIAHSETTY, MAJOR, R/AT NO.6, KRISHNA COLONY, GANGAMMA TEMPLE ROAD, MAHADEVAPURA VILLAGE, BENGLAURU 560036 …RESPONDENTS (BY SRI. S.S. MAHENDRA, AGA FOR R1 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO EVICT THE RESPONDENT NO.6 FROM THE ENCROACHED LAND BEARING SITUATED AT SANNATHAMMANAHALLI ALIAS TUMBUCHETTYPALYA, KRISNARAJAPURAHOBLI, BENGALURU EAST TALUK MEASURING 0.4.12 GUNTAS AND RECOVER THE SAID LAND BY ISSUING A WRIT OF MANDAMUS AND ETC. THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, ASHOK S. KINAGI, J., MADE THE FOLLOWING:
ORDER
The petitioner filed this writ petition seeking for mandamus directing the respondents-authorities to evict respondent No.6 from the encroached land bearing Sy.No.46 situated at Sannathammanahalli, Krishnarajapura Hobli, Bangalore East measuring 0.4.12 guntas.
2. Brief facts leading rise to filing of this writ petition are as under:
The land bearing Sy.No.46 is a Government land and part of a lake is situated therein. The land belongs to Forest Department. Out of total land, an extent of 0.4.12 guntas was encroached upon and grabbed by respondent No.6. Respondent No.6 is an adjacent owner of land in Sy.No.47/3. Respondent No.3 initiated a suo moto proceedings by exercising powers under Section 39(ii) & Section 104 of the Karnataka Land Revenue Act, 1964, and passed an order dated 17.04.2012. Respondent No.3 has not taken any action to recover the Government land pursuant to the order dated 17.04.2012. The petitioner submitted representation dated 24.05.2014, to respondent No.3, representation dated 03.08.2012 to respondent No.2 and representation dated 02.01.2015 to the Deputy Secretary seeking appropriate action. The petitioner being aggrieved by the inaction of the respondents-authorities in evicting respondent No.6 from the encroached Government (Forest) land in Sy.No.46, has filed this writ petition.
3. Heard learned counsel for the petitioner and Sri.
S.S.Mahendra, learned Additional Government Advocate for respondents 1 to 5.
4. Learned counsel for the petitioner submits that the land in question is a Government land and respondent No.6 encroached upon the Government (Forest) land. He submits that respondent No.3 has passed an order of eviction. Inspite of the order passed by respondent No.3, respondent No.6 has not vacated and delivered the possession. Hence he submits that the petitioner has submitted representations for implementation of the order passed by respondent No.3. Respondents-authorities have not considered the representation. Hence the petitioner has filed this PIL. Hence on these grounds he prays to allow the writ petition.
5. Per contra, learned Additional Government Advocate appearing for respondents 1 to 5 submits that the order was passed by respondent No.3 in the year 2014 and petitioner has submitted the representation on 02.01.2015, and has filed the writ petition in the year 2022. Thus there is a delay of 7 years in filing the PIL. He submits that the petitioner has not explained the delay in filing the PIL at a belated stage. Hence he prays to dismiss the writ petition.
6. Perused the records and considered the submissions of learned counsel for the parties.
7. Respondent No.3 initiated a suo moto proceedings by exercising power under Section 39(ii) and Section 104 of the Karnataka Land Revenue Act, 1964. After holding an enquiry, respondent No.3 passed an order dated 17.04.2012, where a finding is recorded that respondent No.6 encroached upon the Government land illegally and directed respondent No.6 to handover the possession of said land. Inspite of the order passed by respondent No.3, respondent No.6 did not comply with the said order. Respondent No.3 after passing the order, has not taken any steps for implementation of the order dated 17.04.2012. Petitioner submitted representations on 03.08.2012, 24.05.2014 and 02.01.2015, to the respondents-authorities. The respondents-authorities have not taken any action on the representations submitted by the petitioner. The last representation was submitted by the petitioner on 02.01.2015, to the Deputy Secretary. Petitioner filed the writ petition on 27.10.2022. Petitioner approached this Court after lapse of more than 7 years from the date of submission of his last representation. Petitioner has not explained sufficient cause for filing the present PIL after lapse of more than 7 years.
8. Petitioner has not stated about his antecedents and credentials as required under Rule 11(b) of the High Court of Karnataka (Public Interest Litigation) Rules, 2018.
