Failure to implead necessary parties in legal proceedings concerning public property limits court's ability to issue directives.

(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)

Learned Government Advocate has filed a memo along with a copy of the communication dated 07.07.2025 made by the Tahsildar, Hukkeri, addressed to the petitioners.

2. Learned Government Advocate has pointed out in the communication that, the Tahsildar took steps in terms of the directions issued by the learned Single Judge, and on the second date fixed after issuance of notice, i.e., on 27.11.2024, in the presence of the petitioner, the survey was conducted and it was found that some persons had encroached upon the government road. In the presence of the Adhyaksha of Gram Panchayat, Elimunnoli, and the petitioner herein, the encroachment was removed and the cleared roads were handed over to the jurisdiction of the Panchayat.

3. Per contra, learned Counsel for the petitioner has also filed a memo along with certain photographs. Learned counsel submits that, it is clear from the photographs that various crops are seen grown on the road portion. Learned Counsel would further submit that, in the representation given by the petitioner, which was directed to be considered by the learned Single Judge, the petitioner had requested that the road in question should be metalled, and this has not been considered by the respondents.

4. However, when this Court asked the learned Counsel for the petitioner to point out the provision of law in the Karnataka Land Revenue Act, which requires the Kaalu Daari or Bandi Daari to be metalled, learned Counsel for the petitioner had no answer. Even otherwise, what was directed by the learned Single Judge was that the Tahsildar should consider the representation given by the petitioners, and having regard to the guidelines issued by the Government in the notification dated 20.10.2023 (wrongly shown as 20.03.2023), the grievance of the petitioner was to be redressed.

5. We have gone through the circular dated

20.10.2023 issued by the Government. In the circular, directions are issued to all concerned to ensure that the pathways running between the private lands should be kept clear for the usage of the villagers to go from one land to another. Having regard to such directions, it is clear that action has been taken by the Tahsildar to ensure that the bandi daari in question is kept clear from any sort of encroachment.

6. We also have to observe that the petitioners did not implead the persons who are said to have encroached upon the said bandi daari. The minimum requirement in accordance with law is that the petitioners should have impleaded such persons, if allegations are made against them, that they have encroached upon public property. The aggrieved should be appraised, is the constitutional creed flowing from the Postulates of Article 14 of the Constitution of India. That having not been done by the petitioner, no further directions can be given to the respondents in that regard.

7. We are satisfied that the encroachments on the bandi daari have been removed by the Tahsildar in the presence of the petitioner. We however direct the respondent authorities to ensure that no encroachment is caused on the bandi daari in future.