The short grievance of petitioner is against the non-removal

of encroachment despite his representation dated 27.11.2010, a

copy

whereof

is

at

Annexure-G.

Therefore,

petitioner

has

approached this court seeking a direction to the respondents to

accomplish the job. After service of notice, the respondents have

entered appearance through their Panel Counsel & oppose the Writ

Petition.

3

2.

A Co-ordinate Judge of this court vide interim order

dated 20.9.2012 had said as under:

<Learned counsel for the 1^st respondent to file an

affidavit over: a) whether the offensive portion of the

building

constructed

by

the

2^nd

respondent

is

dismantled; b) whether the debris in the conservancy

after the dismantling of the property is removed; c)

whether there is free flow of the drainage water in the

conservancy; and d) With what authority 3^rd respondent

shifted the transformer from a location opposite to 2^nd

respondent9s building to the conservancy.

List on 24.09.2012.=

The same Judge subsequently made another direction on 24.9.2012

with the following text:

<Learned counsel for the respondent - CMC files an

affidavit of one Jr. Engineer. Affidavit is taken on

record. The averments do not disclose compliance of

the order of this court. Learned Counsel submits that if

granted 15 days time, needful will be done.

2. There is a need to ascertain as to the linking

of storm water drains to the main storm water drain in

Tumkur CMC. The Commissioner is directed to file a

blueprint of the number of small drains that are to be

connected to the main drain and submit a report in this

regard by 3/10/2012.

Petitioner may file a counter affidavit.=

4

3.

The 1^st respondent through its Junior Engineer namely

Sri.T.R.Raghunath has filed an affidavit dated 24.9.2012 which

reads as under:

<AFFIDAVIT

I, T.R.Raghunath, S/o H.Ramesh aged about 42 years,

working as Junior Engineer at the City Municipal

Council, Tumkur, residing at Sarasvatipuram, Tumkur,

now at Bangalore, solemnly affirm and state on oath as

follows:

1. I state that I have joined the Respondent No.1 as a

junior engineer in June 2012. I have about 15

years9 experience as an engineer. As such, since I

was not working with the Respondent No.1 at the

relevant time, I perused the records and conducted

a spot inspection of the premises on 21/09/12 that

are the subject matter of the current writ petition.

2. Upon inspection, it was discovered that the entire

encroachment of the Respondent No.2 has been

removed. Even the debris has been removed from

the conservancy. Since there was encroachment

earlier, the existing storm water drain ends midway

in the conservancy and has to be linked to the main

storm drain on the road. A period of fifteen days

will be required to provide this connectivity.

3. As regards the transformer, it has been moved by

BESCOM since its earlier location was causing

congestion of the road and was also unsafe. The

position of the transformer does not affect the drain.

It is therefore humbly requested that this Hon9ble court

be pleased to grant the Respondent No.2 a period of 15

5

days to connect the storm water drain as detailed

above.=

Thereafter, a counter affidavit was filed by the petitioner on

3.10.2012 controverting the above version of the Engineer.

4.

Having heard the learned counsel for the parties and

after adverting to the material placed on record in the form of

affidavit and photographs, this court is convinced that the grievance

of petitioner has been duly addressed by removing the subject

encroachment. Although, an Electrical Transformer has been

installed in the area after removal of encroachment, learned

counsel

appearing

for

the

respondents

submits

that

the

arrangement is made for underground drainage and thus, there is

no possibility of any water accumulating in the place. This

contention is prima facie sustainable.

In the above circumstances, this Writ Petition is disposed off

as having become infructuous. However, the disposal of this case

shall not come in