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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF JANUARY, 2021

BEFORE

THE HON’BLE MR.JUSTICE P.B. BAJANTHRI

WRIT PETITION NO.14964/2020 (KLR-RES)

BETWEEN:

SRI. C. NARAYANA,

SON OF LATE CHINNA THAYAPPA,

AGED ABOUT 65 YEARS,

RESIDING AT NO.16,

CENTRAL STREET,

NEELASANDRA,

BANGALORE - 560 047.

… PETITIONER

(BY SRI. SIDDAMALLAPPA P.M., ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA,

DEPARTMENT OF REVENUE

REPRESENTED BY ITS

PRINCIPAL SECRETARY,

M.S. BUILDING,

DR. AMBEDKAR VEEDHI,

BANGALORE - 560 001.

2.

THE DEPUTY COMMISSIONER,

BANGALORE DISTRICT,

D.C., OFFICE COMPLEX,

GROUND FLOOR, KANDAYA

BHAVAN, K.G. ROAD,

BANGALORE - 560 009.

3.

THE ASSISTANT COMMISSIONER,

BANGALORE NORTH SUB-DIVISION

D.C. OFFICE COMPLEX,

SECOND FLOOR, KANDAYA

2

BHAVAN, K.G. ROAD

BANGALORE - 560 009.

4.

THE TAHSILDAR,

BANGALORE NORTH TALUK

D.C. OFFICE COMPLEX,

GROUND FLOOR, KANDAYA

BHAVAN, K.G. ROAD,

BANGALORE - 560 009.

... RESPONDENTS

(BY SRI. SANDESH KUMAR .M., HCGP)

THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227 OF

THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR

DIRECTION AND PROHIBIT THE RESPONDENTS FROM ENTERING AND

DEMOLISHING

THE

CONTRUCTIONS

ON

THE

LAND

BEARING

SY.NO.79, MEASURING 36 GUNTAS, SITUATED AT NEELASANDRA

VILLAGE, BANGALORE NORTH TALUK, BANGALORE AND ETC.,

THIS PETITION COMING ON FOR PRELIMINARY HEARING - B

GROUP

PHYSICAL

HEARING/VIDEO

CONFERENCING

HEARING

(OPTIONAL), THIS DAY, THE COURT MADE THE FOLLOWING:-

ORDER

In the instant petition petitioner has prayed for the

following reliefs:

a)

Issue a writ or direction and prohibit the

respondents from entering and demolishing

the constructions on the land bearing Sy.No.79,

measuring 36 Guntas, situated at Neelasandra

Village, Bangalore North Taluk, Bangalore.

b)

Further be pleased to issue a writ or order or

direction in the nature of mandamus directing

the respondents

to

not

to

dispossess

the

petitioners

from the land bearing Sy.No.79

3

measuring 36

Guntas, situated at Neelasandra

Village,

Bangalore North Taluk, Bangalore.

2.

Grievance of the petitioner is relating to Civil dispute.

Learned counsel for the petitioner has contended that eviction

proceedings were yet to be completed. Therefore, he is entitled

for the relief sought in the present petition. The relief sought is

writ of prohibition for the respondent entering and demolishing

the constructions on the land bearing No. 79 measuring 36

guntas situated at Neelasandra Village, Bengaluru North Taluk,

Bengaluru. If the petitioners rights are to be protected from the

aforesaid proposed action on behalf of the official - respondent,

petitioner has a remedy before the trial Court in filing a suit.

3.

In view of these facts and circumstances, petitioner

has not made out a case. Hence, writ petition stands dismissed

reserving liberty to the petitioner to approach appropriate

Forum.

Sd/-

JUDGE

BS