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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 02^ND DAY OF JULY, 2018

BEFORE

THE HON' BLE MR. JUSTICE B. VEERAPPA

WRIT PETITION No.33106/2012(LB-RES)

BETWEEN:

SRI MALLEDEVIRAPPA,

S/O LINGAPPA,

AGED ABOUT 55 YEARS,

AGRICULRIST,

R/O KYATHANABEEDU,

LAKYA HOBLI,

CHIKMAGALUR TALK AND DISTRICT.

... PETITIONER

(BY SRI S. KALYAN BASAVARAJ, ADVOCATE)

AND:

1.

STATE OF KARNATAKA,

DEPARTMENT OF RURAL DEVELOPMENT

AND PANCHAYATHRAJ,

M. S. BUILDING,

DR. AMBEDKAR VEEDHI,

BANGALORE-560001.

BY ITS PRINCIPAL SECRETARY,

2.

THE TALUK PANCHAYATH,

CHIKMAGALUR TALUK, CHICKMAGALUR

REPRESENTED BY ITS

EXECUTIVE OFFICER

3.

THE VILLAGE PANCHAYATH

LAKYA VILLAGE

CHIKMAGALUR TALUK & DISTRICT

BY ITS SECRETARY.

R

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4.

SREE SOMESHWARA JEERNODHARA

SAMITHI TRUST,

KYATHANABEEDU VILLAGE,

CHIKMAGALUR TALUK & DISTRICT,

REPRESENTED BY ITS PRESIDENT.

... RESPONDENTS

(BY SRI MUNIGANGAPPA, HCGP FOR R1;

SRI VIGNESHWARA S. SHASTRY, ADVOCATE FOR R4;

SRI BASAVARAJAIAH N., ADVOCATE FOR R2 AND R3)

…

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

RESOLUTION DATED 27.6.2012 VIDE ANNEXURE-A PASSED BY

THE R3 HEREIN AND ALSO THE APPROVAL MADE BY THE R2

DATED 16.8.12 VIDE ANNEXURE-B.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

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

FOLLOWING:

ORDER

The petitioner has filed the present writ petition

for issue of a writ of certiorari quashing the resolution

dated 27.6.2012 as per Annexure-A passed by the 3^rd

respondent –Village Panchayath and also the approval

made by the 2^nd respondent on 16.8.2012 as per

Annexure-B.

2. It is the case of the petitioner that he is the

absolute owner in possession of the property bearing

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Sy.No.20/2 of Kyathanabeedu village of Lakya Hobli,

Chikmagalur Taluk, so also the property bearing

Sy.No.20/3 of the same village. He filed a suit –

O.S.No.144/2012 on the file of the Civil Judge,

Chikmagalur for the relief of permanent injunction

restraining respondent Nos. 1,2 and 3 herein and also

the Zilla Panchayath, Chikmagalur in respect of the said

properties. On the application made by the petitioner

under the provisions of Order 39 Rules 1 and 2 of the

Code

of

Civil

Procedure,

1908,

the

trial

Court

considering the materials on record, found that a prima

facie case has been made out by the petitioner and his

sons and hence, granted an interim order of injunction

on 2.4.2012 in the said suit in favour of the petitioner.

3. The petitioner also filed one more suit –

O.S.No.214/2012 on the file of the Principal Civil Judge,

Chikmagalur against one Sadashiva and Girish, who

were creating problems by interfering with his right of

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way situated in the backyard belonging to the

Panchayath and for the unlawful attempts made to

restrain the usage by the petitioner over a period of

time. In the said suit also, two applications – I.As.1 and

2 under Order 39 Rules 1 and 2 of the Code of Civil

Procedure came to be allowed as per the order dated

21.7.2012 and permanent injunction was granted. The

President of the Trust – 4^th respondent herein in his

individual capacity filed an application for impleading in

the said proceedings which came to be rejected.

4. The defendants in O.S.No.214/2012, who had

suffered an order of temporary injunction and who

could not succeed to corner the petitioner, somehow or

the other in respect of his enjoyment of the properties in

their own right and also in respect of his easementary

rights, appear to have made a request to the Lakya

Village

Panchayath,

who

passed

the

impugned

resolution and subsequently Taluk Panchayath has

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granted

approval

on

16.8.2012.

Therefore,

the

petitioner is before this Court for the relief sought for.

5. R