N.V. KUMAR ARADHYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners' claim to be the owners of the schedule properties situated at Chikkajajur Village, B Durga Hobli, Holalkere Taluk, Chitradurga district. The grievance of the petitioners is that though the respondent No.7 Panchayat Development Officer has issued form No.11A in terms of Rule 30 registering the names of the petitioners in the katha register of the Panchayat as seen at Annexure-A and A series, at the instance of the respondent No.3 - The Executive Engineer, PWD, Chitradurga District, the respondent No.7 has initiated action to demolish the buildings and properties of the petitioners on the ground that the petitioners have encroached upon the property belonging to the Gram Panchayat.

(2.) Learned counsel Sri Mahesh.R.Uppin appearing for respondent No.7 Panchayat Development Officer of the Gram Panchayat, Chikkajajur submits that subsequent to the filing of the writ petition, notices dated 01.10.2020 have been issued to the petitioners and all similarly placed persons calling upon them to produce documents to substantiate their title over the properties in question. It is therefore submitted that the respondent No.7 shall follow due process of law to seek eviction of the petitioners, if it is found they are in unauthorized occupation of the properties belonging to the respondent No.7 Gram Panchayat.

(3.) Learned counsel for the petitioner submits that the conduct of the respondent No.7 Panchayat Development Officer in issuing the notices calling upon the petitioners to produce documents of title is in contravention to the documents produced at Annexure-A series, which would show that the Panchayat Development Officer himself has issued Form-11A evidencing the title of the petitioners with respect to the schedule properties.