P.T. CHIKKAPUTTE GOWDA Vs. THE SUPERINTENDENT OF POLICE MANDYA DISTRICT, MANDYA, THE SUB-INSPECTOR OF POLICE SRIRANGAPATNA POLICE STATION SRIRANGAPATNA, MANDYA DISTRICT, PALAHALLI GRAMA PANCHAYATH PALAHALII VILLAGE, BELAGOLA HOBLI SRIRANGAPATNA

JUDGEMENT

(1.) NOTICE to respondents 3 and 4 is dispensed with since the order to be passed will not affect them. Heard the learned cousnel appearing for the petitioner and the learned Government Advocate for respondents 1 and 2.

(2.) JUDGMENT came to be passed by this Court in RSA. No. 1864/2009 with the following observations: - According to the appellant, he is in possession of only 31/2 ankanas of house whereas virtually as per the settlement deed, he is entitled for six ankanas of house whereas virtually as per the settlement deed, he is entitled for six ankanas of house. On the other hand, according to the learned counsel for the respondents, six ankanas of house given to the appellant is excluding the passage on the eastern side available to the respondent. It may not be difficult to measure the property as per the settlement deed. On such measurement, if the share of the appellant is found short of the allotment made in the settlement deed, then he would be given possession to the exent of six ankanas and after such measurement of 6 ankanas, if as per the rough sketch, a passage is made available to Kanakegowda and his family, that could be made use of by the family of Kanakegowda and Chikkaputtegowda as a common passage. If the passage left out also forms the part of 6 ankanas of house, then kanakegowdas family will have no right to use the said passage and there would also be no impediment for Kanakegowda family,. since there is an admission on the part of the respondents herein that they have got an opening to the south and they are making use of the road on the southern side. With the above observations, while answering the substantial questions of law accordingly, appeal is disposed of. It is for the appellant as well as the respondents to approach the panchayathdars and get the property measured as per the specification in the settlement deed as indicated above, which shall be finalized within two months from the date of receipt of this order. No order as to costs. Thereafter, according to the petitioner, he approached Gram Panchayat, Palahalli for appropriate reliefs pursuant to the judgment passed in RSA. No. 1864/2009. Notice is issued by Gram Panchayat vide Annexure -B, dated 7.5.2012 and thereafter mahazar is drawn as per Annexure -C, dated 10.5.2012 in the presence of President and members of the Grama Panchayat as well as Grama Panchayat Officers. However, according to the petitioner, the petitioner is nut permitted to take possession of the property and construct the wall in between the houses of the petitioner and respondent No.4. Hence, he made a complaint as per Annexure -H, dated 16.7.2012. Since no action is taken, this writ petition is filed.

(3.) BE that as it may, respondent No. 2 is directed to investigate into the complaint lodged by the petitioner as per Annexure -H, dated 16.7.2012 and proceed in accordance with law if really the complaint is lodged by the petitioner and the same discloses the cognizable offence, after following the procedure as per law.