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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 02^ND DAY OF MARCH, 2021

BEFORE

THE HON' BLE MR.JUSTICE R DEVDAS

WRIT PETITION NO.10556 OF 2016(LB-RES)

BETWEEN

SMT LEELAVATHI N

W/O J. CHANDRASHEKARAIAH,

AGED ABOUT 55 YEARS,

R/AT 1596/1A,

BEHIND GOVT. HIGH SCHOOL,

J.C. ROAD, FORT,

CHENNAPATNA TOWN

RAMANAGARA DIST-562160.

...PETITIONER

(BY SRI PRITHVI RAJ B N, ADVOCATE)

AND

1 .

THE TAHSILDAR

CHANNAPATNA TALUK,

CHANNAPATNA,

RAMANAGARA DIST-562160.

2 .

THE COMMISSIONER

CITY MUNICIPAL COUNCIL,

RAILWAY STATION ROAD,

CHANNAPATNA TOWN,

RAMANAGARA DIST-562160.

3 .

THE ASSISTANT EXECUTIVE ENGINEER

KAVERI NIRAVARI NIGAMA LTD.,

KANVA PROJECT MODERNISATION

SUB-DIVISION, BM ROAD,

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CHANNAPATNA,

RAMANAGARA DIST-562160.

4.

THE ASSISTANT DIRECTOR OF LAND RECORDS

TALUK OFFICE BUILDING,

CHANNAPATNA,

RAMANAGARA DISTRICT -562160.

…RESPONDENTS

(BY SRI NITHYANANDA K R, HCGP FOR R1 & R4

SRI A V GANGADHARAPPA, ADVOCATE FOR R2

SRI M R C RAVI, ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF

THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE

RESPONDENTS TO MEASURE AND DEMARCATE THE BOUNDRIES

OF THE KANVA LEFT BANK CANAL WHICH PASSES THROUGH

MANGALAVARPET (WARD NO.8) CHANNAPATNA TOWN AND ETC.

THIS WRIT PETITION IS COMING ON FOR PRELIMINARY

HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE

FOLLOWING:

ORDER

R. DEVDAS J., (ORAL):

The prayer in this writ petition is to direct the respondents

to measure and demarcate the boundaries of the Kanva left bank

canal

which

passes

through

Mangalavarpet,

Ward

No.8,

Channapatna Town. The petitioner’s property bears No.6950,

and is situated on the bank of Kanva canal.

2. The learned Counsel for the petitioner while drawing the

attention of this Court to the statement of objections filed by the

3^rd respondent submits that it has been contended at the hands

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of the 3^rd respondent-Kavery Niravari Nigama Ltd., that the

property of the petitioner is about 100 meter away from the

canal boundary and moreover, the property is situated next to

the waste weir nala of Shettihalli Tank.

3. Nevertheless, in the considered opinion of this Court,

the interest of justice it would be sub-served if a direction is

given to all the four respondents to jointly hold a survey and fix

the boundaries of not only the Kanva left bank canal but also the

Shettihalli Tank waste water weir. Therefore, the respondents

are hereby directed to conduct survey jointly. The entire

exercise shall be completed as expeditiously as possible and at

any rate within a period of two months from today.

4. The time and date for the survey shall be fixed by the

4^th respondent-Assistant Director of Land Records, Channapatna,

intimating all other respondents, the petitioner and all other

neighbors to participate in the survey.

5. With these observations, the writ petition stands

disposed of.

Sd/-

JUDGE

DL