BRINDAVAN WELFARE ASSOCIATION (R) Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This writ petition has been filed as a public interest litigation with a prayer to direct respondent No.3-Police to register a case and investigate the matter and to take suitable action against respondents 4 to 6, who are involved in grabbing the schedule property and also obstructing movement of general public through the schedule property and a further direction is sought against respondent no.2 to continue developmental activities on the schedule property as it has undertaken to carry out in the locality connecting the schedule property as road.

(2.) Heard the learned Counsel for the parties and also perused the material available on record.

(3.) Brief facts of the case as revealed from the record are: The petition-Schedule property originally belonged to one Sri H.S.Ganesh and the said Ganesh represented by his general power of attorney holder Sri B.C.Mohan, had executed an unregistered release deed dtd. 29/4/1998 in favour of petitioner No.2 giving up his rights in the schedule property and an unregistered memorandum of understanding was also executed on 27/4/1998 giving consent for formation of road on the schedule property. Accordingly, the schedule property was being used as a public road. Subsequently, under a registered sale deed dtd. 19/7/2009, one Sri G.Srinivas S/o H.S.Ganesh had sold the petition- Schedule property in favour of respondent No.4 herein and thereafter, Sri H.S.Ganesh and other members of the family have executed a confirmation deed dtd. 7/11/2009 confirming the sale deed dtd. 19/7/2009. Respondent No.4, subsequently, appears to have entered into an agreement of sale dtd. 3/3/2021 agreeing to sell the petition-Schedule property in favour of respondents 5 and 6. It is the case of the petitioners that respondents 5 and 6, thereafter, have been making attempts to block the road which is existing in the petition schedule property and they have been obstructing public from using the said road. It is under these circumstances, the petitioners are before this Court.