B GURUSIDDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Alarmed by the ominous prospect of demolition of the house built and owned by the petitioner at the hands of Respondent-2 as could be seen from the notice dated 2-2-1982 served on the petitioner under Annexure-C, the petitioner has approached this Court to stall the catastrophe.

(2.) The petitioner, in fact, has sought for quashing of the notice under Annexure-C and also for restraining the respondents from demolishing any part of the petitioner's house. The petitioner is an agriculturist residing at Gannayakanahally, Hiriyur Taluk. He purchased a site bearing No. B58 measuring 10 yards East West and 20 yards North South from the revenue authorities in the year 1952 and he pur up a residential house in the site in 1952 after obtaining a licence from the Village Panchayat. The petitioner has produced true copies of the licence dated 3-9-1952 issued by the Village Panchayat and the Village Panchayat certificate dated 6-2-1982. He has been residing with his family since 1952. In 1982 a notice was received by the petitioner from Respondent No. 2 alleging that the said house has been constructed in the area earmarked for the road and is also located in Government land and, therefore, the petitioner should at once demolish the same failing which action would be taken for demolition of the house.

(3.) The learned Counsel appearing for the petitioner submitted that the petitioner was well within his rights to construct a house for his living and also for his family and the allegation that the petitioner has put up a construction in a public road is without foundation. It is further submitted that unless the respondents are able to establish by an order of the competent Court that the land on which the house is constructed belongs to the Government and that the construction is put up unauthorisedly, the notice served on the petitioner under Annexure-C is without jurisdiction and perhaps even high handed.