SHANKARAGOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner claims to be owner of survey No. 247 (A+B+E+F) of Munavalli village of Saundatti Taluk, District Belgaum. He has alleged that the second respondent-Mandal Panchayath is contemplating construction of a building on a portion of his land. Petitioner further alleges that Mandal Panchayath cannot do such thing and therefore must be restrained from doing so. Entire activity of the Mandal Panchayath is motivated by mala fides. Mandal Panchayath is even trying to alter number of the property. In that circumstance, it is just and proper that this Court under Art. 226 of the Constitution should issue a mandamus or a direction restraining the respondents 1 and 2 from building upon the land owned by him.

(2.) Ordinarily this Court exercising jurisdiction under Art. 226, will not interfere in matters which involve investigation of title. If petitioner is the owner and third parties are trying to encroach upon his land, only remedy available to him is to move the Civil Court having jurisdiction for injunction under O.39, Rules 1 and 2 restraining such unauthorised persons from entering upon his land and doing any activity prejudices his title..

(3.) Subject to the above observation, this petition is dismissed as not maintainable. Order Accordingly.