VINAYAK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The captioned writ petitions are filed seeking writ of certiorari and quashing the impugned notice issued by 5th respondent as per Annexure-Q, Q1,Q2 to Q9 and Annexure- R and also for mandamus to direct the respondent to initiate acquisition proceedings as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013.

(2.) The facts leading to the case are as under:

(3.) The petitioners have also stated that 4th respondent tried to evict petitioners and others and as such a representation was submitted to 4th respondent on 21.10.2015 and the said representation was a request to rehabilitation by providing all amenities. The said representations are placed on record as per Annexure-O and P. The petitioners have further stated that 5th respondent without there being acquisition of properties and rehabilitation scheme has issued the impugned notice with a direction to remove the encroachment within 10 days failing which authorities will exercise powers under Section 19(2) of the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and would remove the encroachment. The present petitioners are the owners of the petition properties as narrated in para Nos.1 to 12 of the writ petition are before this Court seeking writ of certiorari to quash impugned notice issue by the 5th respondent.