ABBAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners have called into question the order, dated 21.03.2013 (Annexure-BE) passed by the Tahsildar in exercise of the power conferred by Section 39(ii) and 104 of the Karnataka Land Revenue Act, 1964 ('the said Act' for short) for clearing the properties in question from the unauthorized occupation.

(2.) Sri T.N.Vishwanath, the learned counsel for the petitioners submits that the petitioners have put up the buildings on the schedule properties and have been residing therein. He submits that without issuing any notice to the petitioners, the respondents are trying to dispossess them forcibly. He complains of the violation of the principles of natural justice. He also complains of the violation of Article 21 of the Constitution of India. If the petitioners are dispossessed, they would be rendered roofless. He submits that the panchayat itself has formed the layout and has provided the petitioners and the similarly placed persons with the basic amenities. He submits that the petitioners' names figure in the voters' list, the electricity connections and water supply are given to their houses.

(3.) Smt.M.C.Nagashree, the learned High Court Government Pleader for the respondents submits, on instructions, that all the unauthorized occupants are already issued with the notice to vacate their encroachment.