W.R. ANIL KUMAR S/O A.S. RAJAGOPAL REDDY Vs. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, 5TH FLOOR M.S. BUILDING, BANGALORE - 01 AND OTHERS

JUDGEMENT

(1.) PETITIONER has sought for quashing the notices at Annexures -A, b, C, D and E, dated 7.7.2011, 4.11.2010, 12.11.2010, 8.9.2011 and 24.8.2011, respectively, issued by the Tahsildar, Bangalore East Taluk and the Deputy Commissioner, Bangalore. By the said notices, the Tahsildar as well as the Deputy Commissioner have intimated Mrs. Jayalaxmi (Petitioner's mother) that she has encroached 12 guntas of Government land in Sy.No.42, K.R.Pura Hobli, Pattandur Agrahara Village, and therefore, she should vacate the property for enabling the respondents to allot the said property for other public purposes, such construction of Saibaba Temple, formation of sites for allotment to the siteless persons under Ashraya Scheme, etc. According to the petitioner, though he or his mother is not the owner of the property in question, they are in unauthorised possession of the property. Therefore, they cannot be evicted without due process of law. He further submits that he is also one of the applicants for allotment of site and therefore his application also needs to be considered.

(2.) THE question of allotment comes into picture only if the petitioner and his mother vacate the property in question. Since the petitioner and his mother are not the owners of the property, as admittedly they have encroached on the public property, it is open for respondents 1 and 2 to take action against the petitioner in accordance with law. After evicting the petitioner and his mother and their agents, it is open for respondents 1 and 2 to proceed for allotment of sites for public purpose, as per law. It is also open for respondents 1 and 2 to consider the application of the petitioner vide Annexure -F, dated 21.10.1986, as per law.