C.N.GOVINDAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The case of the petitioner is that he is the owner of the plots bearing Assessment Nos.29b and 29c of New 13th Ward, Amarawathi Area, Indira Nagar Main Raod, Hosapete. That respondent No.4 has sought to widen the road in front of the petitioner's property. In this regard, respondent No.4 issued a notice to the petitioner stating that the petitioner has encroached upon the public property, for which the petitioner has given a suitable reply stating that he has not done so. However, respondent No.4 has sought to proceed with the widening of the road, which has the effect of encroaching upon the petitioner's property. Hence, the instant writ petition.

(2.) Learned AGA upon instruction submits that the road is being formed only on the Government land and not on the property of the petitioner and it is the petitioner who has encroached upon the public property and is required to remove the encroachment. However, he submits that respondent no.4 is willing to give an opportunity of hearing to the petitioner and take appropriate action thereafter. The matter involves disputed question of fact as to whether the petitioner has encroached the Government land or respondent No.4 is trying to encroach the property of the petitioner.

(3.) It would be best advised that respondent No.4 verify the necessary documents after hearing the petitioner and if it is found that, for widening of the road, a portion of the petitioner's property has to be acquired, the respondent No.4 is always at liberty to do so by following due process and on the contrary, if it is found that the petitioner has encroached upon the Government property, the encroachment can be removed after following the due process. Hence, the following: